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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0923973.
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 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.
- 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.
- 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.
- 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.
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