The Board found that the Veteran's kidney disease, which resulted in a right nephrectomy, was not caused or permanently aggravated by active military service.
The deciding factor: The condition existed prior to service and did not worsen during service, thus no presumption of aggravation applies.
- Claimed conditions
- Right Nephrectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 2, 2009
- Citation
- 0937688
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 0937688.
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 Board denied compensation under 38 U.S.C.A. § 1151 for residuals of a right nephrectomy, finding no evidence of negligence or lack of proper skill on the part of VA in providing medical treatment.
- Whole decision: Denied
The Board found that the Veteran's right nephrectomy was not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. The Veteran does not have an additional kidney disability as a result of his right nephrectomy.
- Whole decision: Granted
The Board has granted an effective date of March 6, 2001 for the award of compensation for right nephrectomy under the provisions of 38 U.S.C.A. § 1151.
- Whole decision: Granted
The Board has granted a compensable rating of 10 percent for the veteran's residuals of a right mandible fracture, and denied an evaluation in excess of 30 percent for his right nephrectomy.
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