The veteran's left kidney removal was not due to VA care, but rather his own behavior and substance abuse. The Board denied the claim as there is no evidence of additional disability resulting from VA treatment.
The deciding factor: VA treatment did not cause the veteran's additional disability; instead, it resulted from the veteran's failure to follow medical instructions and substance abuse.
- Claimed conditions
- left kidney infection, left nephrectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2008
- Citation
- 0837604
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 0837604.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for muscle tissue damage and a rating in excess of 30 percent for residuals of left nephrectomy, finding no current diagnosis or relationship to service.
- Partly granted
The Board granted restoration of a separate evaluation of 10 percent for fatiguability as a residual of hypothyroidism beginning September 22, 2022, but remanded the other issues.
- Remanded (sent back)
The Veteran's kidney cancer and left nephrectomy are remanded due to the PACT Act requiring a VA examination for toxic exposure. The examiner must determine if the cancer is related to service, especially Agent Orange exposure, and whether it is secondary to his service-connected prostate cancer.
- Granted
The Board has determined that the Veteran is in need of regular aid and attendance due to her service-connected disabilities, including PTSD, depression, cystitis, and urinary incontinence. The decision grants SMC based on the need for regular aid and attendance.
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