The Board remands the Veteran's claim for service connection for a kidney disorder to correct a pre-decisional duty to assist error, specifically regarding records of kidney surgery in 1996 or 1997.
The deciding factor: The AOJ failed to request a release from the Veteran identifying the date and location at which he underwent kidney surgery in 1996 or 1997, potentially relevant to his claim.
- Claimed conditions
- bilateral renal cysts, chronic kidney disease, Stage IV, right kidney atrophy, acute or chronic renal failure
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- A24065279
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.
- Dismissed
The appeal for service connection for chronic kidney disease was dismissed due to the Veteran not timely filing a Notice of Disagreement within one year of the rating decision.
- Partly granted
The Board denied service connection for a vitamin D deficiency and remanded claims for coronary artery disease, status post femoral bypass, chronic kidney disease, and anemia due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Remanded (sent back)
The Board remands the claims for service connection for chronic kidney disease and obstructive sleep apnea due to pre-decisional duty-to-assist errors, including inadequate medical nexus opinions.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.