The Board found clear and unmistakable error in severing service connection for the absence of a left kidney, which was based on the assumption that the condition existed prior to service and did not worsen during service.
The deciding factor: The original decision failed to consider whether there was an increase in severity of the preexisting kidney disorder during service.
- Claimed conditions
- absence of left kidney
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 13, 2002
- Citation
- 0211984
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0211984.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded for further development, including VA examinations to assess the severity of his kidney disability and diabetes mellitus.
- Denied
The Board has determined that the veteran's current right kidney disability does not warrant a rating in excess of 30 percent.
- Denied
The Board denied the veteran's request for an increased rating for his absence of the left kidney, finding that there was no evidence of right kidney pathology or dysfunction.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
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