The Board found that the August 1998 RO rating decision denying service connection for chronic renal disease was not revised or reversed on grounds of clear and unmistakable error (CUE), as the evidence did not establish a current diagnosis of chronic renal failure attributable to service or service-connected disability.
The deciding factor: The Board found that the VA clinical records prior to August 1998 established a current diagnosis of 'chronic renal failure,' but the RO's failure to recognize this diagnosis was not sufficient to revise or reverse its decision as the Veteran had the burden to establish medical nexus evidence for service connection.
- Claimed conditions
- End Stage Renal Disease, Nephrosclerosis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 25, 2009
- Citation
- 0923973
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. Search VA.gov for the original decision (opens in a new tab) using citation 0923973.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's ESRD is denied as not related to service, including herbicide agent exposure. The skin cancer of the right ear remains under remand for further evaluation.
- Whole decision: Granted
The Board granted service connection for the cause of the Veteran's death, finding that end stage renal disease was at least as likely as not due to active service.
- Whole decision: Granted
The Veteran's claims for service connection of ESRD, back disability, right knee disability, and left knee disability have been granted. A rating in excess of 10 percent for hypertension is denied.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to inadequate development of evidence regarding the cause of death and its relation to service connection for exposure to herbicide agents. The Veteran died from acute myeloid leukemia with a contributing cause of end stage renal failure.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.