38 CFR Part 4, Rating Schedule

38 CFR § 4.115

Nephritis

Comes up when a veteran has both a heart condition and a kidney condition and asks why they are combined into one rating instead of two.

How the Board actually uses this section

Original RateMyVSO research, catalogued from the full archive of published Board of Veterans' Appeals decisions. No other source measures how each regulation plays out at the Board.

49.7%
granted at least one issue
3,718
published decisions citing it

The grant figure reflects the mix of claims where this section comes up, not the legal merit of any single claim.

Read the 3,718 decisions citing § 4.115

The conditions it decides

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What this regulation says, in plain English

This section describes nephritis (kidney inflammation) generally and states that VA does not give separate ratings for heart disease and any form of nephritis together because the two are too closely linked, except when a kidney was removed or when chronic kidney disease has progressed to needing regular dialysis, in which case coexisting heart disease or hypertension is rated separately.

Read the full text of 38 CFR § 4.115

This text was last amended by VA on December 14, 2016. We check it against eCFR every week.

Albuminuria alone is not nephritis, nor will the presence of transient albumin and casts following acute febrile illness be taken as nephritis. The glomerular type of nephritis is usually preceded by or associated with severe infectious disease; the onset is sudden, and the course marked by red blood cells, salt retention, and edema; it may clear up entirely or progress to a chronic condition. The nephrosclerotic type, originating in hypertension or arteriosclerosis, develops slowly, with minimum laboratory findings, and is associated with natural progress. Separate ratings are not to be assigned for disability from disease of the heart and any form of nephritis, on account of the close interrelationships of cardiovascular disabilities. If, however, absence of a kidney is the sole renal disability, even if removal was required because of nephritis, the absent kidney and any hypertension or heart disease will be separately rated. Also, in the event that chronic renal disease has progressed to the point where regular dialysis is required, any coexisting hypertension or heart disease will be separately rated.

(Authority: 38 U.S.C. 1155)

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