The Veteran's claim for an effective date prior to August 23, 2007, for the award of service connection for removal of the right kidney is denied. The Board found that the earlier date of entitlement (May 1990 classified report) does not constitute a service department record and thus cannot be used to grant an earlier effective date.
The deciding factor: The assignment of an effective date earlier than August 23, 2007, for the award of entitlement to service connection for removal of the right kidney is legally precluded due to the lack of an official service department record.
- Claimed conditions
- right kidney carcinoma, loss of the right kidney
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- April 27, 2018
- Citation
- 18101102
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 18101102.
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 compensation under 38 U.S.C. � 1151 for loss of the right kidney and incisional hernia associated with nephrectomy to ensure a more complete record is available, including additional medical opinions.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. § 1151 is remanded due to the inadequacy of a previous VA medical opinion, and additional evidence may be needed to determine if there was a delay in treatment that led to additional disability.
- Partly granted
The Veteran's claim for service connection for right kidney cancer was denied in April 2013 and has not been reopened.,An initial rating of 50 percent for anxiety disorder prior to January 11, 2017 was granted.
- Remanded (sent back)
The Veteran's appeal is being remanded to obtain her Social Security Administration records and arrange for a new VA examination to evaluate the severity of her service-connected loss of kidney condition.
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