The Veteran's kidney failure and rejection of the transplanted kidney are not deemed to be caused by VA care, resulting in a denial of compensation under 38 U.S.C.A. § 1151.
The deciding factor: VA medical records indicate that the Veteran was initially treated for gout, which led to renal failure and subsequent dialysis. The opinion obtained suggests that the kidney failure may have been related to CMV viremia, but this was not ruled out in the treatment records. Therefore, VA's care is not considered to be the proximate cause of the additional disability.
- Claimed conditions
- Kidney Failure, Rejection of Kidney Transplant
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2017
- Citation
- 1715151
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 1715151.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's acquired psychiatric disorder, hypertension, and kidney failure are granted service connection. The peripheral neuropathy of the upper right and lower extremities as well as the residuals of CVA are remanded for further review.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for additional disability associated with multiple abdominal surgeries performed by VA in March 2014, finding that the residuals were not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
- Denied
The Board denied the Veteran's claims for service connection for acute leukemia, bilateral upper neuropathy disability, bilateral lower neuropathy disability, and kidney failure disabilities due to lack of evidence showing exposure to herbicide agents during active service.
- Remanded (sent back)
The Veteran's death was caused by bilateral pneumonia, kidney failure, and multiorgan failure. The cause of death is under review to determine if it was related to service-connected conditions or other factors.,There are concerns that the Veteran’s in-service allergic reaction to a flu shot may have contributed to her death. This issue is also under review.
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