The Board has granted compensation benefits for chronic kidney disease and congestive heart failure, finding that the events were not reasonably foreseeable due to a lack of informed consent regarding potential risks.
The deciding factor: The Board found that the Veteran did not provide written consent for the BCG therapy and that the risk of toxic shock syndrome with resulting chronic kidney disease and congestive heart failure was not disclosed in any way, making it an unforeseeable event.
- Claimed conditions
- Chronic Kidney Disease Stage III, Congestive Heart Failure
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2022
- Citation
- 22017109
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 22017109.
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.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a new VA examination focusing on his service-connected disabilities and their impact on his eligibility for benefits, as well as his need for aid and attendance.
- Granted
The Veteran's claim for an increased rating of 100 percent for CAD was granted effective November 28, 2023. The effective date is based on the date of a VA examination showing the increase in disability.
- Denied
The Board denied the Veteran's claims for service connection for Congestive Heart Failure with Atrial Fibrillation with AICD and Hypertension (High Blood Pressure), finding that there was no evidence of direct service connection, and that the conditions were not caused or aggravated by service-connected OSA.
- Denied
The Board has denied the Veteran's claim for service connection for congestive heart failure, finding that there is no evidence of a current disability related to his military service. The Veteran's private cardiologist and VA examiner both opined against a link between his current condition and service.
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