The Board has determined that new and material evidence has been submitted to reopen the Veteran's previously denied claim of entitlement to service connection for a right kidney disability. However, as the appeal is about reopening the claim rather than deciding on the merits of service connection, the decision is considered 'mixed' - some issues are granted while others are not.
The deciding factor: The new evidence submitted by the Veteran relates to his history of hydronephrosis with right nephrostomy and post narrowing of ureters, which was previously denied due to lack of evidence showing a nexus to service. The Board found that this evidence is sufficient to reopen the claim but does not provide enough information to decide on the merits.
- Claimed conditions
- right kidney disability, hydronephrosis with right nephrostomy and post narrowing of ureters
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2009
- Citation
- 0939651
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 0939651.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for a right kidney disability, finding no evidence of an in-service event or injury that caused his current condition and no competent opinion linking it to service.
- Partly granted
The Board granted service connection for a right kidney disability and a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted service connection for hypertension under the PACT Act, a total disability rating based on individual unemployability (TDIU) prior to November 29, 2021, and an earlier effective date for DEA benefits prior to November 29, 2021.
- Denied
The Board denied service connection for GERD, right kidney disability, right shoulder disability, hemorrhoids, left knee osteoarthritis, and sinus disability as the evidence did not support a finding that these conditions were incurred in or aggravated by active service.
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.