The Board remands the Veteran's claim for compensation under 38 U.S.C. § 1151 for penile deformity and penile herniation status post implantation of a penile prosthesis due to duty to assist errors.
The deciding factor: The need for a medical opinion to determine if the additional disabilities are related to VA treatment is necessary, as well as obtaining missing consent forms and private treatment records.
- Claimed conditions
- penile deformity, penile herniation
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- A24064024
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.
- Dismissed
The appeal was dismissed due to the Veteran not filing a Notice of Disagreement within one year of receiving notice of the respective decisions, and no good cause for extending the time limit was shown.
- Remanded (sent back)
The Board remands the claim for an additional VA examination to determine if the Veteran has additional disability due to a December 2012 surgery and whether such disability was caused by fault on the part of VA.
- Dismissed
The claims for service connection for alcohol use disorder, penile deformity, and bilateral hearing loss were dismissed due to untimely submissions. The remaining claims are remanded for further development.
- Dismissed
The Board dismissed the appeals for service connection and increased ratings due to the Veteran's withdrawal of certain claims, and denied service connection for sciatica of the left lower extremity.
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