The Veteran's disability rating for service-connected kidney stones was reduced from 20 percent to 10 percent, but this reduction is not in accordance with the applicable regulations and therefore denied.
The deciding factor: The RO failed to comply with the requirements of 38 C.F.R. § 3.344 when reducing the Veteran's disability rating for kidney stones from 20 percent to 10 percent, as evidenced by the lack of consideration of relevant provisions in the regulation and the absence of a full and complete examination.
- Claimed conditions
- kidney stones
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2010
- Citation
- 1039385
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 1039385.
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.
- Remanded (sent back)
The Veteran's kidney stones and back disability are granted as service connected. The case is remanded for further development regarding the back disability.
- Granted
The Veteran's service-connected disabilities have prevented him from obtaining and maintaining substantially gainful employment for the entire applicable appeal period.
- Remanded (sent back)
The Board has remanded the case due to a need for additional medical opinions regarding the etiology of the Veteran's kidney stones, specifically whether they were caused or aggravated by his service-connected bladder cancer.
- Granted
The Veteran's claims for service connection for asthma and kidney stones have been granted. The appeals for service connection for CFS, strep throat, bilateral hearing loss, bronchitis, and fibromyalgia were dismissed due to the Veteran withdrawing his appeal.
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