The appeal of the finding of a duty to assist error regarding the Veteran's claim to establish service connection for chronic kidney disease in the April 2021 rating decision is dismissed.
The deciding factor: The April 2021 rating decision which found a duty to assist error was not an adverse action and therefore, was not appealable.
- Claimed conditions
- chronic kidney disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 16, 2025
- Citation
- A25035161
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.