The Veteran seeks compensation under the provisions of 38 U.S.C.A. § 1151 for kidney damage he contends is related to antibiotic therapy in 2001. The appeal must be remanded due to unclear evidence regarding current disability and its relation to the treatment.
The deciding factor: The VA examination report was not conducted by a physician with appropriate expertise, failed to identify whether the Veteran currently has a chronic disability involving his kidneys, and did not offer an opinion as to whether any current kidney disability is related to the 2001 antibiotic therapy/surgery.
- Claimed conditions
- kidney damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2009
- Citation
- 0912582
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 0912582.
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.
- Remanded (sent back)
The Board has granted service connection for chronic back pain as secondary to the Veteran's service-connected multiple myeloma. The appeal is being remanded for further development regarding other claimed conditions, including those potentially related to exposure at Camp Lejeune.
- Dismissed
The Board dismissed the Veteran's claims of service connection for ischemic heart disease, kidney damage, brain tumor, and hypertension as they were not pending at the time of his death.
- Remanded (sent back)
The Board remands the claim for service connection of kidney damage to obtain an addendum opinion addressing its etiology, including whether it is caused by or aggravated by the Veteran's service-connected conditions and toxic exposure risk activities.
- Dismissed
The Board dismissed the appeals for service connection on several conditions due to the appellant's death.
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