The Board finds sufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable by reason of his service-connected disabilities, and remands the matter for referral to the Director of Compensation Service for an extraschedular TDIU determination.
The deciding factor: The severity and frequency of urinary leakage from prostate cancer residuals and sleep disturbances significantly impact the Veteran's ability to work efficiently and effectively in any job that requires uninterrupted physical exertion or mental focus, leading to a reasonable possibility of unemployability.
- Claimed conditions
- residuals of prostate cancer, deviated septum with sleep disturbances
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2025
- Citation
- A25031093
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.
- Denied
The Board denied service connection for residuals of prostate cancer, finding no evidence that the Veteran's condition was related to his active military service or exposure to ionizing radiation.
- Partly granted
The Board granted service connection for kidney cancer as secondary to the service-connected hypertension and granted a total rating based on individual employability due to service-connected disabilities from March 19, 2024. Other claims were denied.
- Remanded (sent back)
The Board remands the claim for service connection of residuals of prostate cancer to ensure that the case is forwarded to the Under Secretary for Benefits for consideration under 38 C.F.R. § 3.311.
- Granted
The Board granted presumptive service connection for residuals of prostate cancer under the PACT Act due to the Veteran's presumed exposure to burn pit toxins during his service in Kuwait.
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