The September 2, 2008 rating decision denied service connection for kidney disease as secondary to coronary artery disease (CAD). The Veteran argues that the failure to consider VA treatment records in September 2008 constituted clear and unmistakable error.
The deciding factor: The RO failed to review VA clinical records dated in 2007 and 2008, which established the presence of chronic kidney disease. These records were not considered as they did not contain evidence linking the condition to service or a service-connected disability.
- Claimed conditions
- kidney disease
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2019
- Citation
- 19144283
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 claim for service connection for cause of death to obtain a new medical opinion due to errors in previous examinations.
- Dismissed
The appeal for service connection for kidney disease, mass on kidney, and thyroidectomy was withdrawn by the Veteran's attorney representative.
- Dismissed
The appeals for service connection for various conditions were dismissed due to the Veteran's death.
- Dismissed
The appeal of entitlement to a higher rating for kidney disease was dismissed due to procedural defects in the filing of the Notice of Disagreement.
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