The Board found that the Veteran's ureteral obstruction and left hydronephrosis were not caused by VA treatment, thus denying his claim for compensation under 38 U.S.C.A. § 1151.
The deciding factor: The evidence did not show that the Veteran's ureteral obstruction and left hydronephrosis were caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA when providing interferon-alpha treatment.
- Claimed conditions
- ureteral obstruction, left hydronephrosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 27, 2013
- Citation
- 1320872
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 1320872.
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 Board remands the claims for service connection for left hydronephrosis and pancreatic cancer due to pre-decisional duty to assist errors.
- Granted
The Veteran's ureteral obstruction disability resulting from VA surgery on March 1, 2010 is rated at 100 percent for the entire period on appeal due to markedly decreased function of kidney and other organ systems precluding more than sedentary activity.
- Granted
The Veteran has been shown to have an additional disability of ureteral obstruction resulting in hydronephrosis and chronic renal insufficiency as a result of VA surgery performed at the Madison VAMC on March 1, 2010. The additional disability was not the result of willful misconduct and was proximately caused by carelessness or error in judgment during the surgical procedure.
- Granted
The Board found that the Veteran's pre-existing congenital left hydronephrosis secondary to ureteropelvic junction obstruction was aggravated by his military service, and granted service connection for this condition.
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