The veteran's loss of the right kidney was a result of a perforation during a procedure to examine her left kidney, which was considered a foreseeable complication. The Board found that VA did not act negligently or carelessly in performing the procedure and thus granted benefits under 38 U.S.C.A. § 1151.
The deciding factor: The right kidney loss was caused by a perforation during the retrograde pyelogram, which was considered a foreseeable complication of the procedure performed on both sides (left and right).
- Claimed conditions
- Loss of right kidney
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 16, 2008
- Citation
- 0835516
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 0835516.
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
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The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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