The Board found that the removal of the veteran's left kidney was not negligent and thus denied compensation under 38 U.S.C.A. § 1151.
The deciding factor: Medical opinion established that the removal of the healthy left kidney did not result from carelessness, negligence, or any other fault on the part of VA.
- Claimed conditions
- left kidney
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2005
- Citation
- 0523802
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 0523802.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's renal cell carcinoma, which has resulted in a right nephrectomy, is currently rated at 30 percent. The VA has ordered a new examination to assess the progression of his condition and its impact on his remaining kidney.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and providing an addendum opinion regarding service connection.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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