The Veteran's kidney stones are granted service connection as they manifested within one year of his separation from active duty. The issue of an initial compensable disability rating for smallpox vaccine residuals is remanded.
The deciding factor: The Veteran's kidney stones were shown to have manifested within the first post-service year, qualifying for presumptive service connection under VA regulations.
- Claimed conditions
- Kidney Stones, Encephalitis (due to smallpox vaccine)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2021
- Citation
- 21004976
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 21004976.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's kidney stones have been rated at a 60 percent since October 28, 2019. This decision grants the rating for this period.
- Denied
The Board denied the Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities.
- Dismissed
The Veteran's appeals for initial ratings on GERD and a right shoulder disability, as well as the denials of service connection for alopecia, bronchitis, left elbow disability, right elbow disability, lentigo, sinusitis, bilateral hearing loss, and an acquired psychiatric disorder (PTSD) have been dismissed due to his withdrawal during a hearing before the undersigned. The Veteran's claim for service connection for an acquired psychiatric disorder (PTSD) has been granted.
- Granted
The Veteran's service-connected disabilities, including kidney stones, tinnitus, high frequency bilateral hearing loss, and bilateral cataracts, rendered him unable to secure or follow a substantially gainful occupation. The Board granted entitlement to total disability rating based on individual unemployability (TDIU) for the period of August 30, 2022, to January 24, 2023.
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