The Board has determined that the veteran's claim of service connection for a right nephrectomy cannot be reopened as new and material evidence has not been presented.
The deciding factor: The submitted evidence does not establish an unestablished fact necessary to substantiate the claim, specifically it does not provide any link between the inservice back pain and the post-service right kidney disability or show that a preexisting condition was aggravated during service.
- Claimed conditions
- right nephrectomy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2004
- Citation
- 0417593
Veterans Law Judge
Decisions by this judge: 1,514 · Granted: 19% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0417593.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's kidney cancer, right nephrectomy, and chronic kidney disease are found to be related to his exposure to herbicide agents in service. Service connection is granted.
- Granted
The Veteran's death is found to be related to or attributable to his military service, including as due to service-connected right nephrectomy and left pyelonephritis. The Board granted the claim for service connection for the cause of the Veteran's death.
- Remanded (sent back)
The Veteran's kidney cancer with a right nephrectomy is being remanded for further evaluation, including consideration of albuminuria prior to November 14, 2021. The issues of increased rating and TDIU are also being remanded due to their inextricably intertwined nature.
- Remanded (sent back)
The Board has remanded the case due to an inadequate VA medical opinion regarding the relationship between the Veteran's renal cancer and his in-service exposure to herbicide agents. The Veteran is seeking service connection for his renal cancer with right nephrectomy, which he contends is related to his military service.
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