The Board denied earlier effective dates for the grants of service connection for prostate cancer, DM2, and ED as well as the award of SMC under 38 U.S.C. § 1114(k) because no earlier claim was filed within one year of the enactment of the PACT Act.
The deciding factor: The evidence is not evenly balanced as to whether effective dates prior to November 14, 2022, for the grants of service connection for prostate cancer, DM2, and ED are warranted. The benefit of the doubt doctrine is not applicable in this case.
- Claimed conditions
- prostate cancer, diabetes mellitus type 2 (DM2), erectile dysfunction (ED), tinnitus, skin disability, diagnosed as dermatophytosis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2025
- Citation
- A25055757
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
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