The Board found that the reduction in rating for residuals of prostate cancer status post robotic prostatectomy in remission from 100 percent to 20 percent was not in accordance with law and is void ab initio, and the issue of entitlement to a TDIU is dismissed as moot.
The deciding factor: The procedural requirements under 38 C.F.R. § 3.105 (i) were not properly followed, leading to the reduction being void ab initio.
- Claimed conditions
- Residuals of prostate cancer status post robotic prostatectomy in remission, Hypertension associated with herbicide exposure, Cracked vertebra (cervical spine condition)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 20, 2025
- Citation
- A25025833
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
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