Kidney disease decisions — 2016

The Board found that the Veteran's low back disability and kidney disability did not originate in service or within a year of service, and are not otherwise etiologically related to his active service.

The Veteran died from cardio pulmonary arrest due to sepsis, with end stage renal disease contributing as a secondary condition.,There is no evidence of service connection for any disability at the time of death.

The Board has granted service connection for certain conditions, including acid reflux, erectile dysfunction, gastrointestinal disorder, hiatal hernia, and kidney stones. The Veteran's claims are based on undiagnosed illnesses related to his service in the Southwest Asia theater of operations during the Gulf War.

The Veteran's claim for service connection for renal carcinoma, claimed as a right renal mass, was denied by the Board. The appeal is remanded to obtain an addendum opinion from a VA physician regarding the likelihood of a link between the Veteran's in-service exposure to chemicals and his development of renal carcinoma.

The Veteran's claims for service connection for chronic kidney disease and a prostate disability have been denied as there is no evidence of such conditions during his active duty or within one year post-service, and the preponderance of the evidence does not support a finding that these disabilities are related to herbicide exposure in service.

The Board has remanded the case for further development, including verification of the Veteran's periods of active duty and National Guard service. The appeal will be reconsidered after these actions.

The Board found that the Veteran's low back disability and kidney disability did not originate in service or within a year of service, and are not otherwise etiologically related to his active service.

The Board denied the Appellant's claims for earlier effective dates for service connection of kidney cancer, lung cancer, and bone cancer as they were not based on a timely NOD or submission of new and material evidence.

The Veteran's diabetes mellitus, type II was incurred in service and has been linked to his secondary conditions including peripheral neuropathy, osteomyelitis of the bilateral feet, a kidney condition, and diabetic retinopathy. Service connection is granted for all claims.

The Board has ordered additional development due to incomplete records and unclear medical opinions. The Veteran's claim for service connection for bilateral renal cell carcinoma is being remanded.

The Board has dismissed the issues regarding loss of toenail and fingernail, as well as the issue to reopen service connection for stress fractures. The remaining claims have been denied.

The Veteran's appeal has been withdrawn by his authorized representative, and thus the case is dismissed.

The Board has granted service connection for kidney cancer and chronic kidney disease, finding that the Veteran's diabetes is a significant factor in his current condition. The rating for diabetes mellitus remains at 20 percent.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for a right kidney disorder, alleging that VA's failure to provide appropriate care led to the condition. The Board has ordered additional development including obtaining records from Dr. Pomonis and securing an opinion on whether there was an increase in renal pathology severity during or as a result of VA treatment.

The Veteran's claim for service connection for sleep apnea, as secondary to his service-connected type II diabetes mellitus and/or posttraumatic stress disorder (PTSD), has been granted. The claims for hypertension, GERD, and renal insufficiency remain pending.

The Board has reopened the claim of service connection for hypertension and granted service connection for PTSD. The Veteran's psychiatric disorder is found to be related to his military service.

The Veteran's claim for nonservice-connected pension benefits has been denied as he does not meet the criteria of being permanently and totally disabled from non-service-connected disabilities.

The Veteran's kidney disorder and seminoma of testicle, status post orchiectomy, are both granted service connection. The kidney disorder was dismissed as the Veteran withdrew his appeal for this issue prior to a decision.

The Board has determined that there is no current disability related to service for the claimed right elbow disorder. The Veteran's statements regarding his right elbow injury are not supported by medical evidence and thus do not establish a current disability.

The Veteran's kidney failure and hypertension are found to be secondary to his service-connected diabetes mellitus, type II. The reduction of the PTSD disability rating from 50% to 30% is upheld.