The Veteran's claim for a compensable initial rating for prostate cancer is remanded due to lack of substantial compliance with prior Board remand directives.
The deciding factor: The AOJ did not substantially comply with the August 2022 and December 2022 Board remands by failing to obtain an opinion based on the record regarding whether any voiding dysfunction, renal dysfunction, urinary frequency, obstructive voiding, or urinary tract infections are due to service-connected prostate cancer.
- Claimed conditions
- Prostate cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 28, 2023
- Citation
- 23047399
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 23047399.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's arteriosclerotic heart disease is rated at 100% effective October 25, 2024. His prostate cancer residuals are rated at 60% effective October 25, 2024.
- Granted
The Veteran's acquired psychiatric disorder and prostate cancer are granted service connection, with the latter requiring a VA examination to address exposure to burn pits.
- Denied
The Veteran's claim for service connection for hearing loss in the right ear has been denied. The Board found that there is no current diagnosis of right ear hearing loss and thus, cannot establish a link to service. For prostate cancer, the Veteran's claim is remanded as VA did not provide an opinion regarding whether his condition may be related to service due to toxic exposure.
- Denied
The Veteran's prostate cancer residuals prior to January 5, 2026 are rated at 10 percent. From January 5, 2026, the Veteran is granted a 20 percent rating for his prostate cancer residuals. The Veteran's left ear hearing loss is not compensable.
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