The VA surgery to remove the veteran's left kidney and part of his 11th rib was deemed necessary for medical reasons, but it did not result in additional disability beyond what was already present. The tuberculous pleurisy is inactive and does not warrant an increased rating.
The deciding factor: The VA surgery was medically necessary, but the veteran did not sustain any additional disability as a result of the procedure.
- Claimed conditions
- Left Nephrectomy, Partial Removal of the 11th Rib
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 9, 2003
- Citation
- 0311970
Veterans Law Judge
Decisions by this judge: 1,055 · Granted: 31% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0311970.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has granted a rating of 70 percent for depressive disorder and awarded TDIU and SMC based on the statutory housebound rate. The Veteran's left nephrectomy is remanded for further evaluation.
- Whole decision: Denied
The Veteran's left nephrectomy is rated at 30 percent, which does not meet the criteria for a higher rating. The TDIU claim from October 12, 2007, remains pending.
- Whole decision: Denied
The Board found that the Veteran's heart conditions did not have onset during service and are not otherwise related to service or a service-connected disability, including the service-connected partial nephrectomy, left and chronic bilateral nephrolithiasis.
- Whole decision: Denied
The Board found that the veteran's left kidney disorder, resulting in residuals of a left nephrectomy, was due to his congenital condition and not aggravated by service. Therefore, he is denied service connection for this issue.
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