Kidney disease decisions — 2016

The Veteran's appeal is being remanded for additional development to obtain a VA examination and opinion regarding the relationship of his current disabilities to service.

The Board has determined that the Veteran's chronic kidney disease did not originate in service or within a year of service, is not otherwise etiologically related to his active service, and was not caused by a service-connected disability. Therefore, the claim for service connection for chronic kidney disease is denied.

The Board has remanded the case for additional development as requested by the Veteran, including obtaining SSA records and any relevant treatment records from Dr. T. V.

The Board has granted service connection for diabetes mellitus, arterial sclerotic cardiovascular occlusive disease with partial arterial obstruction, cardiovascular disease, status post coronary artery bypass grafting, chronic renal insufficiency, and hypertension based on substitution.,Service connection is also granted for erectile dysfunction and bilateral peripheral neuropathy as secondary to the now service-connected diabetes mellitus.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess the severity of his diabetes mellitus and its complications, as well as his erectile dysfunction.

The Veteran's chronic infection following a July 2009 splenectomy was not caused by VA negligence or fault, and the event was not reasonably foreseeable. As such, he is not entitled to compensation under 38 U.S.C.A. § 1151.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was assigned a 10 percent rating for renal lithiasis from April 15, 2010, but the Board found that this did not meet the criteria for a higher rating. His claim for condyloma acuminata with HSV II also failed to meet the criteria for a compensable rating.

The Board has reopened the claim of service connection for hypertension and granted service connection for peripheral neuropathy of the bilateral upper and lower extremities, as well as a renal disorder. The Veteran's TDIU claim is also addressed in this decision.

The Veteran's kidney disorder, including cancer and loss of a kidney, is not related to his service or any service-connected disability. His acquired psychiatric disorder (depression) claim has been addressed separately.

The Board has granted service connection for bilateral cataracts as secondary to the Veteran's service-connected diabetes mellitus, type II. The Board found that there was no direct link between the cataracts and military service, but did find a link to the Veteran's age-related condition.

The Veteran's kidney stones with ureterolithiasis are rated at 80 percent, effective May 29, 2015. The rating is based on generalized poor health characterized by lethargy, weakness, anorexia, weight loss, or limitation of exertion.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking any diagnosed conditions to his active duty service.

The Veteran's bladder disorder is found to be etiologically related to his service-connected diabetes mellitus. The claim for hepatitis C was granted.

The Veteran's service connection claims for residuals of kidney cancer and surgical scarring secondary to kidney cancer are both granted.

The Board found that the Veteran's current cardiovascular disorders, including hypertension and valvular heart disease, are not related to his service. The evidence did not establish a nexus between any findings in service and his current conditions.

The Board denied the Veteran's claims for service connection for hypertension, gout, and kidney failure. The evidence submitted since the previous denial did not raise a reasonable possibility of substantiating any of these claims.

The Board has determined that the Veteran's stomach cancer, which caused his death, was likely due to his exposure to Agent Orange during service in Vietnam. As a result, the appeal for service connection for the cause of the Veteran's death is granted.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's bilateral renal carcinoma resulted from exposure to contaminated water at Camp Lejeune. Service connection for bilateral renal carcinoma is granted.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and updating the family income calculation.

The Veteran died from kidney cancer, which is not service-connected. The Board found that the Veteran did not have exposure to herbicides during service and thus could not establish a presumption of service connection for his other conditions.