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
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 0900805.
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