The Board is considering whether new and material evidence has been submitted to reopen the veteran's claims for service connection for a left nephrectomy due to radiation exposure in service, as well as for a growth on his right kidney. The issues are considered 'mixed' because some aspects of the claim may be granted while others are denied.
The deciding factor: The veteran has presented new evidence that he requested a left nephrectomy due to radiation exposure during service and now seeks service connection for this procedure, despite previous denials based on different criteria.
- Claimed conditions
- left nephrectomy, growth on right kidney
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Ionizing radiation
- Rating assigned
- None in this decision
- Decision date
- February 22, 2001
- Citation
- 0105377
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 0105377.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for muscle tissue damage and a rating in excess of 30 percent for residuals of left nephrectomy, finding no current diagnosis or relationship to service.
- Partly granted
The Board granted restoration of a separate evaluation of 10 percent for fatiguability as a residual of hypothyroidism beginning September 22, 2022, but remanded the other issues.
- Remanded (sent back)
The Veteran's kidney cancer and left nephrectomy are remanded due to the PACT Act requiring a VA examination for toxic exposure. The examiner must determine if the cancer is related to service, especially Agent Orange exposure, and whether it is secondary to his service-connected prostate cancer.
- Granted
The Board has determined that the Veteran is in need of regular aid and attendance due to her service-connected disabilities, including PTSD, depression, cystitis, and urinary incontinence. The decision grants SMC based on the need for regular aid and attendance.
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