The Veteran's partial left kidney nephrectomy was the result of VA's failure to timely diagnose and properly treat a fistula formed after his left kidney biopsy. The Board has granted compensation under 38 U.S.C. § 1151 for kidney damage.
The deciding factor: VA failed to timely diagnose and properly treat the Veteran's fistula, leading to complications that necessitated a partial nephrectomy.
- Claimed conditions
- Kidney damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 13, 2022
- Citation
- A22025224
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 A22025224.
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 bladder and kidney disabilities are considered 'additional disabilities' that developed after his VA medical treatment. The Board has determined these disabilities were not caused by VA care, but the examiner needs to provide new opinions regarding actual and proximate causation.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for kidney damage and left knee disability, finding that the proximate cause of these disabilities was not due to carelessness, negligence, lack of proper skill, error in judgment or other instance of fault on the part of VA.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for various conditions allegedly resulting from VA treatment, finding no fault on the part of VA.
- Granted
The Veteran's acute renal failure in September 2005 was due to VA's negligence in failing to instruct him to discontinue his use of benzapril, which led to the kidney damage. The claim is granted.
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