The Board found that the Veteran's left nephrectomy was not incurred in service and is not related to his diabetes mellitus type II. The appeal for secondary service connection was denied.
The deciding factor: The VA examiner opined that the left kidney nephrectomy was due to an oncocytoma tumor, which was not caused by or aggravated by the Veteran's service-connected diabetes mellitus.
- Claimed conditions
- left nephrectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 17, 2012
- Citation
- 1228395
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. Read the original VA decision (opens in a new tab) using citation 1228395.
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 the Veteran's claims for service connection for muscle tissue damage and a rating in excess of 30 percent for residuals of left nephrectomy, finding no current diagnosis or relationship to service.
- Whole decision: Partly granted
The Board granted restoration of a separate evaluation of 10 percent for fatiguability as a residual of hypothyroidism beginning September 22, 2022, but remanded the other issues.
- Whole decision: Remanded (sent back)
The Veteran's kidney cancer and left nephrectomy are remanded due to the PACT Act requiring a VA examination for toxic exposure. The examiner must determine if the cancer is related to service, especially Agent Orange exposure, and whether it is secondary to his service-connected prostate cancer.
- Whole decision: Granted
The Board has determined that the Veteran is in need of regular aid and attendance due to her service-connected disabilities, including PTSD, depression, cystitis, and urinary incontinence. The decision grants SMC based on the need for regular aid and attendance.
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.