The Board has remanded the service connection issue for a low back disability and denied compensation under 38 U.S.C. § 1151 for loss of the right kidney due to alleged failure to properly treat his condition.
The deciding factor: The evidence does not establish that VA's care or treatment caused the Veteran’s additional disability, as he had an almost non-functioning kidney on his first visit in 2006 and it was only a matter of time before he would have needed a nephrectomy. The examiner opined that it was not likely that his claimed disability was caused by or became worse as a result of the VA treatment at issue.
- Claimed conditions
- Right kidney condition, Diabetes-related complications
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- 20070516
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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