Kidney disease decisions — 2016

The Board has determined that the Veteran's tinnitus, kidney disorder, and hypertension are related to his service-connected diabetes mellitus. The claims for high cholesterol and erectile dysfunction have been withdrawn by the Veteran.

The Veteran's jaw disability is granted as bruxism, but he does not have a diagnosed kidney disorder. Service connection for the claimed conditions has been denied and earlier effective dates are also not granted.

The Board has granted service connection for chronic renal insufficiency as secondary to the Veteran's service-connected lumbar degenerative disc disease. The other issues remain pending.

The Veteran's appeal is being remanded due to the need for additional VA examination and treatment records. The case will be reconsidered after these are obtained.

The Veteran's heart disease was granted service connection on a presumptive basis due to exposure to herbicides. The compensation under 38 U.S.C.A. § 1151 for additional disability resulting from an alleged failure to timely diagnose left kidney cancer was also granted, and the TDIU claim was granted as well. However, the cause of death claim remains pending.

The Veteran's claims for diabetes, kidney disorder, left leg disorder, and various other conditions have been denied as there is no evidence of a current disability or a link to service. The Veteran's diabetes was not incurred in service and her kidney and left leg disorders are not related to service.

The Veteran's kidney disorder and acquired psychiatric disorder were not incurred or aggravated during service, and the Board finds that service connection is denied.

The Board has remanded the case due to outstanding VA treatment records and the need for additional examinations related to the Veteran's claimed conditions. The claims will be readjudicated after these developments.

The Board denied service connection for the cause of the Veteran's death, finding that his death was not caused by or related to his active service or any service-connected disabilities. The claim for service connection under 38 U.S.C.A. § 1151 (experimental drugs) was also denied due to lack of evidence showing negligence on VA's part.

The Board has remanded the case for additional development, including obtaining medical records and an addendum opinion from a pulmonologist.

The Veteran's cancer of the left kidney was not shown to be incurred in or aggravated by service, and specifically due to herbicide exposure.

The Veteran's service-connected disabilities do not meet the threshold criteria for a TDIU as his combined disability rating is only 60 percent, which does not exceed the required percentage of 60 percent or more. The Board finds that he does not meet the eligibility requirements for a schedular TDIU.