The Veteran's loss of the right kidney, resulting from a surgical procedure at VA, is found to be due to carelessness or negligence on the part of VA medical providers. As such, he meets the criteria for compensation under 38 U.S.C.A. § 1151.
The deciding factor: The Veteran's loss of the right kidney was caused by a surgical error and lack of proper skill on the part of his VA treating providers.
- Claimed conditions
- loss of right kidney
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 18, 2011
- Citation
- 1106755
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 1106755.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The rating reduction from 50 percent to 30 percent for migraine headaches was improper, and the 50 percent disability rating is restored. The claims for service connection for broken nose with deviated septum, kidney disease stage III, loss of right kidney, and kidney cancer are remanded.
- Dismissed
The appeal for service connection of loss of right kidney is dismissed as moot. The appeal for service connection of obstructive sleep apnea is remanded.
- Remanded (sent back)
The Board has remanded the case due to a need for additional medical opinion regarding whether the Veteran's cellular hemangioma is related to his service at Camp Lejeune, where he was exposed to contaminated water.
- Remanded (sent back)
The Board has remanded the case due to non-compliance with previous instructions and the need for additional signed consent forms.
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