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.
The deciding factor: New medical opinions are needed to address whether VA's failure to exercise reasonable care contributed to the Veteran's disabilities or if they were reasonably foreseeable events.
- Claimed conditions
- Bladder issues, Kidney damage
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 31, 2023
- Citation
- 23048159
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 23048159.
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.
- 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.
- Granted
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.
- 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 service-connected polyuria (bladder issues and incontinence) is rated at 40 percent, which is the highest rating available. A total disability rating for compensation based on individual unemployability throughout the appeal period prior to March 19, 2015 is granted.
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