Vous êtes sur la page 1sur 3

http://www.va.gov/vetapp16/Files4/1634335.

txt
Citation Nr: 1634335
Decision Date: 08/31/16
DOCKET NO.
)
)

Archive Date: 09/06/16

12-02 548 ) DATE

On appeal from the


Department of Veterans Affairs Regional Office in Louisville, Kentucky
THE ISSUE

Entitlement to a disability rating in excess of 10 percent for residuals of


REPRESENTATION
Veteran represented by: The American Legion
ATTORNEY FOR THE BOARD
M. D. Bruce, Associate Counsel

INTRODUCTION
The Veteran served on active duty from November 1963 to November 1965.

This matter comes before the Board of Veterans' Appeals (Board) on appeal f
FINDING OF FACT

Throughout the period on appeal, the Veteran's residuals of prostate cancer


CONCLUSION OF LAW
The criteria for a disability rating in excess of 10 percent for residuals
4.115a, 4.115b, Diagnostic Code 7528 (2015).
REASONS AND BASES FOR FINDING AND CONCLUSION
I.

Duties to Notify and Assist

Under the Veterans Claims Assistance Act of 2000, VA has a duty to notify a
In addition, the Board finds that the duty to assist a claimant has been sa

The Board also notes that the actions requested in the prior remand have be

After a careful review of the file, the Board finds that all necessary deve
II.

Analysis

The Board has reviewed all the evidence in the record.

Although the Board

Except as otherwise provided by law, a claimant has the responsibility to p


1 Vet. App. 49, 53 (1990).

Disability ratings are determined by applying the criteria set forth in the

A claimant may experience multiple distinct degrees of disability that migh

The Veteran's residuals of prostate cancer are rating as 10 percent disabli

Under Diagnostic Code 7528, malignant neoplasms of the genitourinary system

Under 38 C.F.R. 4.115a, voiding dysfunction is rated with regard to urin

Continual urine leakage, post-surgical urinary diversion, urinary incontine

Urinary frequency with a daytime voiding interval between two and three hou

Obstructive voiding symptomatology with marked obstructive symptomatology w

Urinary tract infection where the evidence shows recurrent symptomatic infe

The Veteran underwent VA examination in October 2010 and reported a daytime


The Veteran next underwent VA examination in April 2012.

The Veteran repor

The Veteran most recently underwent VA examination in May 2016.

The examin

The Board has considered the Veteran's lay assertions as to the symptomatol

Upon review, the Board finds the evidence does not indicate that a disabili
The Board has considered whether any separate evaluation may be warranted

The Board has also considered whether the Veteran's residuals of prostate c
The Board acknowledges that in Rice v. Shinseki, 22 Vet. App. 447 (2009),
The Board has considered the benefit of the doubt doctrine, but finds that
ORDER

Entitlement to a disability rating in excess of 10 percent for residuals of

____________________________________________
K. A. BANFIELD
Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs

Vous aimerez peut-être aussi