Kidney disease decisions — 2016

The Board has reopened the Veteran's claim of service connection for hypertension and granted it, as the evidence received since the last denial is new and material. The Veteran was diagnosed with hypertension within a year of his separation from active duty.,Service connection for kidney disease is also granted as secondary to the previously established service-connected hypertension.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the claimed conditions, including right foot pain, left leg pain, inability to walk fast, inability to put pressure on fingers, right ankle disability, back disability, tendonitis of the left elbow, bilateral hearing loss disorder, psychiatric disability (claimed as bipolar disorder), diabetes mellitus, visual acuity disorder (claimed as secondary to diabetes mellitus), peripheral neuropathy of the upper extremities (claimed as secondary to diabetes mellitus), and kidney failure (claimed as secondary to diabetes mellitus).

The Veteran's appeals have been withdrawn by his representative in October 2016.

The Board found that the Veteran's hypertension and kidney disability are not related to service, as there is no evidence of these conditions in service or within one year post-service. The Board also noted that the Veteran did not provide VA with medical records from the period between his discharge and 2005.

The Veteran's service-connected disabilities have resulted in the need for regular aid and attendance, which has been granted.

The Veteran's kidney disability, consisting of nephrolithiasis/urolithiasis (renal, ureteral, or bladder calculi), is found to be related to his in-service exposure to toxic chemicals. His claim for a rating increase remains pending.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development of his VA treatment records.

The Veteran's death was not due to a service-connected disability. The criteria for DIC benefits pursuant to 38 U.S.C.A. § 1318 were not met as the Veteran did not have a service-connected disability rated as totally disabling for at least 10 years immediately preceding his death.

The Veteran's death was caused by his service-connected diabetes mellitus, which substantially contributed to his cause of death. The Board finds that the evidence is at least equally balanced in terms of whether service-connected disability substantially contributed to the Veteran's death.

The Board has reopened the claim of service connection for renal cancer and finds that it is as likely as not related to exposure to Agent Orange during active duty. Service connection is therefore granted.

The Board has determined that the Veteran's current prostate cancer, epidermal cyst (neck), bilateral kidney cysts, and hepatic granulomata are not etiologically related to service, specifically exposure to non-ionizing radiation in service.

The Veteran's diabetes mellitus, type II is service-connected due to herbicide exposure in the Korean DMZ. The Board has also determined that his kidney failure may be secondary to his service-connected diabetes.

The Veteran has withdrawn his appeals for kidney disorder, hypertension, and residuals of stroke. The Board is dismissing these matters as there are no longer any issues on appeal.

The Board has determined that a remand is necessary to provide the Veteran with VA examinations and obtain additional medical opinions regarding his HIV, renal disability, neuropathy, psychiatric disabilities, and right ear hearing loss.

The Board has determined that the Veteran's kidney disorder was not incurred or aggravated by his active service, including presumed herbicide exposure. The pre-existing condition did not worsen during service.

The Board has remanded the case for an addendum opinion and/or examination to address whether the Veteran's kidney disorder is secondary to his service-connected diabetes mellitus.

The Veteran's PTSD with depression NOS is rated at 70 percent, the highest schedular rating available. The condition has caused significant occupational and social impairment.

The Veteran's effective date for a 30 percent rating for chronic kidney disease with renal insufficiency associated with hypertension is set at May 12, 2005. This decision resolves the issue of an earlier effective date.

The Veteran's tinnitus claim has been granted, and the remaining issues have been dismissed due to withdrawal of claims by the Veteran.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for diabetes was not granted, chronic otitis externa did not warrant a compensable rating, the lumbar spine disability received an increased rating but remained at 20 percent, cervical spine disorder, bilateral hip disorder, knee disorder, ankle disorder, kidney disorder (hypertension), heart disorder (hypertension), erectile dysfunction, and peripheral neuropathy of both upper and lower extremities were not granted service connection. The Veteran's diabetes was rated as 20 percent disabling.