The Board denied compensation under 38 U.S.C. § 1151 for the loss of the right kidney and an incisional hernia following a nephrectomy due to insufficient evidence showing that VA's failure to timely diagnose or treat the conditions caused additional disability.,No new evidence was presented, nor did the Veteran provide sufficient medical expertise to support his claims.
The deciding factor: The Board found no evidence that VA's delay in diagnosing and treating the kidney mass resulted in a progression of the cancer or an additional disability. The March 2020 VA medical opinion concluded that had the mass been diagnosed earlier, it would have required the same treatment (nephrectomy) as in 2015.
- Claimed conditions
- Renal Cell Carcinoma, Incisional Hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 4, 2023
- Citation
- 23064087
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 23064087.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's renal cell carcinoma, along with its associated right and left lower extremity peripheral edema, has been granted service connection effective September 1, 2015.,Effective September 1, 2015, the Veteran is also entitled to an earlier effective date for his service-connected right and left lower extremity peripheral edema.
- Whole decision: Granted
The Veteran's renal cell carcinoma status post right nephrectomy and partial left nephrectomy was granted a 100% rating effective February 17, 2021. The decision also addressed an earlier effective date for the grant of a 100% rating.
- Whole decision: Denied
The Veteran's claim for a rating in excess of 30 percent for renal dysfunction, effective August 1, 2019, is denied.,The Veteran's claim for a rating in excess of 60 percent for renal dysfunction, effective November 5, 2020, is denied.
- Whole decision: Granted
The Veteran's service-connected residuals of renal cell carcinoma, including partial removal of the right kidney with hypertension, resulted in a 100 percent rating from September 16, 2023, due to persistent edema and albuminuria.
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