The Veteran's claim for service connection for residuals of status post left kidney partial nephrectomy (claimed as left kidney cancer) is being remanded due to the need for a VA examination and additional medical opinions regarding the relationship between his claimed condition and his military service, including presumed exposure to herbicides.
The deciding factor: The Veteran's claim requires further evaluation by a VA examiner to determine if his current conditions are related to his military service, specifically his presumed exposure to herbicides as a result of his Vietnam service.
- Claimed conditions
- left kidney cancer, residuals of left partial nephrectomy
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- August 28, 2014
- Citation
- 1438394
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 1438394.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for service connection for erectile dysfunction, left kidney cancer, and neuro-cognitive disorder with depressive disorder from January 8, 2020 was denied. The Veteran's headaches were granted a 10% rating effective January 8, 2020, but the Veteran's vertigo did not meet the criteria for a greater than 10% rating.
- Granted
The Veteran is entitled to an effective date of May 7, 2020 for the award of special monthly compensation (SMC) based on the regular need for aid and attendance due to his kidney cancer.
- Remanded (sent back)
The Veteran's claims for initial compensable disability ratings for left kidney cancer and scar, anterior trunk are remanded due to a lack of VA examination.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error, and will need to obtain a VA examination to determine if the Veteran's left kidney cancer is related to service, including presumed exposure to herbicide agents.
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.