The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for kidney failure, claimed as due to medication prescribed by VA for nonservice-connected gout is being remanded due to inadequate notice and missing Social Security Administration records.
The deciding factor: The Board found that adequate notice was not provided regarding the requirements for substantiating a claim under 38 U.S.C.A. § 1151, and that the veteran's claim requires additional development including obtaining his SSA decision and related medical records.
- Claimed conditions
- kidney failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2008
- Citation
- 0801391
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 0801391.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board has granted service connection for a right shoulder pain disability and denied the claims for erectile dysfunction, left shoulder condition, diabetes, kidney failure, and stomach upper and lower conditions.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to readjudicate the previously denied claims of service connection for hypertension and kidney failure. The AOJ is required to consider this new evidence in deciding these claims.
- Remanded (sent back)
The Board has remanded the claims for hypertension and kidney failure due to potential exposure to herbicides during service. The appellant must provide a new TERA memorandum addressing his claimed exposure, specifically considering the January 2024 Gagetown Commission Report.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for additional medical opinions regarding his claimed conditions and their relationship to service. The AOJ will obtain a medical opinion on whether the Veteran has residuals of rhabdomyolysis, as well as readjudicate all issues related to service connection.
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