Kidney disease decisions — 2015

The Veteran's atherosclerosis of the bilateral upper and lower extremities is due to his service-connected ischemic heart disease. The Veteran has metatarsalgia of the right foot, but no other diagnosed foot condition. His acquired psychiatric disability (adjustment disorder with anxiety and depression) and kidney disease are not related to his active service or any service-connected conditions.

The Veteran withdrew his appeals for several issues, including those related to Crohn's disease and its secondary conditions. The appeal on the issue of an earlier effective date for a higher evaluation of Crohn's disease was dismissed as without legal merit.

The Veteran's claims for service connection have been granted, with the exception of some issues related to his prostate condition and sleep apnea. The decision also includes a determination that he is eligible for special monthly compensation.

The Veteran's appeal includes claims for various conditions, including hypertension, psychiatric disorders, lung issues, head trauma, sleep apnea, headaches, and several other conditions. The Board has remanded the case due to a request for a videoconference hearing.

The Board has granted service connection for hypertension and assigned a 10 percent disability rating. The Veteran's claims for hematuria and left renal mass have been withdrawn.

The Veteran's death was not caused by a service-connected disability, and the Appellant did not meet the requirements for DIC under 38 U.S.C.A. § 1318.

The Veteran's diabetes mellitus is granted as service connected due to presumed exposure to herbicides. The Board also finds that the Veteran has peripheral neuropathy of both lower extremities and a kidney disability, but these conditions are not found to be related to his diabetes mellitus.

The Veteran's appeal is being remanded due to the need for a Board hearing. The issue of TDIU prior to March 10, 2009 remains on hold until further notice.

The Veteran's appeal for an increased disability rating in excess of 60 percent prior to January 9, 2015 for chronic kidney disease secondary to IgA nephropathy with medically controlled hypertension has been withdrawn.

The Board has determined that the Veteran does not have cancer of the immune system, residuals of prostate cancer, or renal insufficiency at any time since filing his claim for compensation. The claims are therefore denied.

The Veteran's claims for service connection are being remanded due to the need for additional development, including consideration of his exposure in Da Nang harbor and a new policy guidance regarding offshore locations such as Da Nang harbor with regard to the presumption of herbicide exposure. A VA examination is also required to assess the current severity of his hearing loss disability.

The Veteran's case is being remanded for further development to determine if he requires aid and attendance or is housebound due to his service-connected disabilities.

The Veteran's service connection claim for a left kidney disorder, including as due to herbicide exposure, was denied because there is no evidence of a nexus between his current condition and his military service.

The Veteran's appeal for restoration of a 100 percent rating for ASCAD status post MI with hypertensive heart disease and scar with chronic renal insufficiency has been dismissed as the issue is moot due to the death of the Veteran prior to the promulgation of the August 2014 rating decision.

The Board found no evidence of herbicide exposure during service and denied all claims for service connection.

The Board found that the Veteran's death was not caused by his service-connected disabilities, and none of the conditions which were the causes of his death can be presumptively service-connected or connected on a direct basis. The evidence does not support the Appellant's contentions.

The Board has determined that the Veteran's kidney cancer is not related to his military service, including herbicide exposure. The claim for service connection is denied.

The Veteran's claim for an effective date prior to May 3, 2011 for a 100 percent rating for renal failure with hypertension and anemia was denied as his increased rating claim was received more than one year after the factually ascertainable increase in disability.

The Board has denied the Veteran's claims for service connection for diabetes mellitus and renal failure, finding that there is no evidence of a current disability or in-service occurrence or aggravation of a disease or injury. The Board also found that direct service connection was not warranted.

The Veteran died in April 2009 from myocardial infarction, chronic kidney disease, and congestive heart failure. The Board finds no service-connected disability caused or contributed to his death.