The Board determined that there was no clear and unmistakable error in the September 1993 rating action which reduced the disability rating for stage A renal cell carcinoma with right radical nephrectomy from 100 percent to 30 percent, effective March 1, 1994.
The deciding factor: The applicable law and regulations were correctly applied. The initial 100 percent disability rating was made for one year following surgery, while the effective date provisions specified that an award of service connection could not be made until after the veteran's separation from service. The reduction to a 30 percent rating was appropriate based on minimal post-surgical symptoms.
- Claimed conditions
- stage A renal cell carcinoma with right radical nephrectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2009
- Citation
- 0900805
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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