Kidney disease decisions — 2016

The Veteran's renal cell carcinoma is found to be related to his presumed exposure to Agent Orange herbicides during service, and the claim for service connection is granted.

The Veteran's erectile dysfunction is found to be secondary to his service-connected diabetes mellitus II, and thus granted service connection.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied entitlement to service connection for the cause of death. The claim for accrued benefits was also denied as there were no pending claims at the time of his death.

The Board denied the Veteran's claims of service connection for chronic kidney disease and stress, left ear hearing loss, and tinnitus. The decision found that the NOD regarding these issues was untimely filed.

The Veteran's appeal has been dismissed as he withdrew his claims for an initial disability rating in excess of 70 percent for PTSD and a disability rating in excess of 60 percent for prostate cancer residuals from June 1, 2009.

The Board found that the Veteran's cause of death (multi-organ failure, hepatocellular carcinoma, decompensated liver disease and hepatorenal syndrome) was not incurred in or due to his active duty service. The peptic ulcer disease condition is considered a contributing factor but did not meet the criteria for direct service connection.

The Board has determined that the Veteran does not have current diagnoses of a right hip disability or kidney disability related to his active service. The evidence does not support a finding that these conditions are linked to his military service.

The Veteran's appeal is remanded for further development, including obtaining VA and private medical records, scheduling a VA examination to assess the severity of his service-connected conditions, and readjudicating his increased rating claim and TDIU issue.

The Board denied service connection for the cause of the Veteran's death, finding that hepatitis C did not worsen during his third period of active service and was not aggravated by military service.

The Veteran's right kidney cyst is found to be secondary to his service-connected epididymitis, and thus service connection for the condition is granted.

The Board denied the Veteran's claims of entitlement to service connection for hypertension, urinary incontinence, peripheral vascular disease of the bilateral lower extremities, kidney disorder, and heart disorder. The Board found that these conditions are not related to service or a service-connected disability.

The Veteran's service-connected traumatic tension headaches are rated at 10 percent under Diagnostic Code 8100, which is analogous to migraine headaches. The Veteran does not meet the criteria for a higher rating as his headaches do not result in characteristic prostrating attacks averaging once per month.

The Veteran's hypertension with claimed kidney infarct has been evaluated as noncompensable, while his left carpal tunnel syndrome claim remains pending. The Board finds that additional examination and/or development is necessary for the left carpal tunnel syndrome claim.

The Veteran's service-connected disabilities are of such severity that they preclude substantially gainful employment, warranting a TDIU.

The Veteran's prostate cancer is presumed service-connected due to Agent Orange exposure. The Board also finds that the Veteran served in Vietnam, presuming his exposure to Agent Orange. As a result, the Veteran's end stage renal disease is presumed secondary to his service-connected prostate cancer.

The Board denied service connection for all claimed conditions, finding that the Veteran did not serve in Vietnam or along the DMZ in Korea during the period from April 1968 through August 1971. Therefore, exposure to herbicide agents, including Agent Orange is not presumed; nor is there probative evidence of exposure to herbicide agents at any time during service.

The Board has determined that the Veteran's kidney disabilities, including chronic kidney disease and papillary renal cell carcinoma, are related to his service, specifically his exposure to Agent Orange. The evidence supports a finding of service connection for these conditions.

The Veteran's kidney problems, including chronic kidney disease, are being remanded for further examination and determination of their relationship to his service-connected prostate cancer or exposure to herbicides.

The Board has determined that the Veteran's kidney disorder and residuals of a nephrectomy are not related to his military service, as there is no evidence linking these conditions to his active duty. The claims for service connection have been denied.

The Board has determined that the Veteran's current kidney stone disability is related to his military service and grants entitlement to service connection for this condition.