The veteran's 100% rating for renal disease with macrocytic anemia was restored due to the void ab initio nature of the July 1998 RO decision reducing it to 60%. The restoration is subject to applicable laws and regulations regarding payment of monetary benefits.
The deciding factor: The July 1998 RO rating decision reducing the veteran's renal disease with macrocytic anemia from 100% to 60% was void ab initio due to failure to consider regulatory provisions and denial of due process.
- Claimed conditions
- Renal Disease with Macrocytic Anemia, Renal Cell Carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- September 6, 2000
- Citation
- 0023655
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Search VA.gov for the original decision (opens in a new tab) using citation 0023655.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's renal cell carcinoma, along with its associated right and left lower extremity peripheral edema, has been granted service connection effective September 1, 2015.,Effective September 1, 2015, the Veteran is also entitled to an earlier effective date for his service-connected right and left lower extremity peripheral edema.
- Granted
The Veteran's renal cell carcinoma status post right nephrectomy and partial left nephrectomy was granted a 100% rating effective February 17, 2021. The decision also addressed an earlier effective date for the grant of a 100% rating.
- Denied
The Veteran's claim for a rating in excess of 30 percent for renal dysfunction, effective August 1, 2019, is denied.,The Veteran's claim for a rating in excess of 60 percent for renal dysfunction, effective November 5, 2020, is denied.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for the loss of the right kidney and an incisional hernia following a nephrectomy due to insufficient evidence showing that VA's failure to timely diagnose or treat the conditions caused additional disability.,No new evidence was presented, nor did the Veteran provide sufficient medical expertise to support his claims.
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