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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 23064087.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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