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.
The deciding factor: VA treatment records showed that the Veteran had a suspicious renal mass greater than 4 cm and was removed due to standard practice for such cases, which included removal of the entire kidney if necessary.
- Claimed conditions
- Right Nephrectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2013
- Citation
- 1317509
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 1317509.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Denied
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.
- 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.
- 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.
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.