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.
The deciding factor: The opinions provided by VA and private physicians found that surgical removal of the Veteran's kidney was medically indicated due to the size of the mass found pre-operatively. There is no evidence indicating that any residuals are due to an event not reasonably foreseeable, thus denying the claim.
- Claimed conditions
- Right Nephrectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2015
- Citation
- 1540573
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 1540573.
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.
- Denied
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.
- 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.
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