Kidney disease decisions — 2016

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for health problems including Parkinson's disease, tremors, heart damage, dementia, lung damage, and kidney damage allegedly caused by a negligent surgical procedure and post-operative care provided by VA in December 2008.

The Veteran's renal insufficiency with hypertension is currently rated at 60 percent, the maximum schedular evaluation available. The Board finds that he does not meet any criteria for a higher rating based on his current disability picture. For TDIU, the Veteran meets the criteria due to service-connected disabilities effectively precluding all forms of substantially gainful employment.

The Veteran's chronic kidney condition, left leg mass, and depression were not found to be related to his service at Camp Lejeune.

The Board has determined that the evidence is at least in equipoise and therefore, service connection for the cause of the Veteran's death due to exposure to contaminated drinking water at Camp Lejeune is granted.

The Board has determined that the Veteran's chronic kidney stone disability is related to his active duty service, as evidenced by multiple episodes of kidney stones during and after service. The condition manifested within one year of separation from service.

The Board has remanded the Veteran's claims for additional development due to the need to obtain Social Security Administration records.

The Veteran's claim for service connection for clear cell renal carcinoma and removal of right kidney, claimed as a result of exposure to contaminated water at Camp Lejeune, asbestos, and/or hazardous chemicals is being remanded due to the need for additional development regarding his alleged exposures.

The Veteran does not have renal cell cancer, osteopenia, or an eye disability (ptosis). The Board denied the Veteran's claim for service connection for Peyronie's disease and erectile dysfunction as his Peyronie's disease is already rated at its maximum under Diagnostic Code 7522.

The Board denied service connection for peripheral neuropathy, finding that the Veteran's symptoms did not manifest within a year of discharge and there was no evidence linking his current condition to his in-service jungle rot injury. The Board also found insufficient evidence to link the Veteran's kidney cysts to his period of service.,There is no direct or presumptive service connection for peripheral neuropathy or kidney cysts.

The Veteran's claims for service connection were denied as the conditions are not shown to be related to his military service.

The Board denied service connection for flat feet, asthma, stomach disability, left ear hearing loss, right kidney disorder, and an acquired psychiatric disorder. The Veteran's conditions were not shown to be incurred or aggravated by military service.

The Board has remanded the case for further development, including obtaining an examination to determine the nature and etiology of the Veteran's kidney condition. The Veteran is seeking service connection for a kidney condition that he claims was caused or aggravated by his in-service exposure to contaminated water and injury during service.

The Board finds that the Veteran's service-connected hiatal hernia, duodenal ulcer and chronic cholecystitis contributed substantially and materially to his cause of death from adenocarcinoma of the esophagus. The private medical opinion provided in 1992 supports this finding.

The Board has reopened the Veteran's claim for service connection for kidney cancer, status-post left nephrectomy and partial right nephrectomy. The Veteran submitted new evidence suggesting a link between his kidney cancer and exposure to contaminated water at Camp Lejeune. A VA examination is needed to determine if this exposure caused his kidney cancer.

The Board denied the reopening of a claim for service connection for cause of death due to lack of new and material evidence, including the Appellant's lay assertions that her husband's diabetes was related to his military service.

The Board finds that the Veteran's kidney disorder is not related to his in-service herbicide exposure and is not caused by or aggravated by his service-connected coronary artery disease. As such, the claim for service connection for kidney disease is denied.

The Board finds that the evidence is in relative equipoise as to whether the Veteran's reported in-service exposure to environmental hazards during his service in the southwest Asia theater of operations caused or contributed to his current kidney disorder. The Veteran contends this exposure caused his condition, but a VA clinician opined against this claim based on medical literature.

The Board has remanded the case for further development, including a VA examination to determine the current level of impairment due to service-connected kidney stones and an opinion from the C&P Director regarding whether the Veteran meets criteria for an extra-schedular rating. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's cause of death was determined to be sepsis syndrome with underlying causes including coagulopathy, respiratory failure, and severe metabolic acidosis. The Board found no evidence of herbicide exposure or service-connected conditions that caused the Veteran's death.