The Board dismissed the appeal as the May 2012 decision, which decided the initial rating for residuals of nephrectomy, is final and res judicata.
The deciding factor: The Veteran's appeal was dismissed because the May 2012 Board decision addressing the initial rating for residuals of nephrectomy is final and res judicata.
- Claimed conditions
- residuals of left nephrectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 5, 2017
- Citation
- 1700271
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 1700271.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has reopened the Veteran's claims for service connection for residuals of left nephrectomy and right partial nephrectomy due to tumor/cancer, but remanded both issues for additional development.
- Granted
The Board has determined that the Veteran's residuals of a left nephrectomy are associated with his inservice shrapnel fragment wound and exploratory laparotomy, granting service connection for this condition.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for clarification regarding his periods of active duty for training (ACDUTRA) and whether they constitute 'Federal service.' The case will be readjudicated after this information is obtained.
- Denied
The Board denied service connection for residuals of a left nephrectomy and for a psychiatric disorder in February 1976. The decision is based on the conclusion that these conditions were not incurred or aggravated during military service.
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