The Board has decided to remand the case due to errors in duty to assist, including failing to obtain private treatment records and not considering evidence of right kidney cancer.
The deciding factor: The medical opinions relied on a temporal requirement that was not applicable in this case, as the primary disability did not need to be service-connected at the time the secondary condition was incurred for the Veteran to receive secondary service connection on a causation basis.
- Claimed conditions
- right kidney disability, renal oncocytoma
- How they argued it
- Not specified
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- December 28, 2022
- Citation
- A22026212
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. Read the original VA decision (opens in a new tab) using citation A22026212.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for a right kidney disability, finding no evidence of an in-service event or injury that caused his current condition and no competent opinion linking it to service.
- Partly granted
The Board granted service connection for a right kidney disability and a 70 percent rating for posttraumatic stress disorder (PTSD).
- Partly granted
The Board granted service connection for hypertension under the PACT Act, a total disability rating based on individual unemployability (TDIU) prior to November 29, 2021, and an earlier effective date for DEA benefits prior to November 29, 2021.
- Denied
The Board denied service connection for GERD, right kidney disability, right shoulder disability, hemorrhoids, left knee osteoarthritis, and sinus disability as the evidence did not support a finding that these conditions were incurred in or aggravated by active service.
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