Kidney disease decisions — 2017

The Veteran died of small cell lung cancer, but his service connection claims for lung cancer and diabetes mellitus were not meritorious at the time of his death. The Board found that he did not meet the criteria for VA burial benefits due to lack of service-connected disability.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his kidney condition and service connection claims. The earlier effective date claim will be addressed after the service connection claims are resolved.

The Board has remanded the case due to the Veteran not reporting for a scheduled hearing and his address changing. The Veteran is requested to provide their current mailing address so that they can be notified of an additional opportunity to report for a videoconference hearing.

The Veteran's kidney cancer is presumed to be related to his exposure to contaminated water at Camp Lejeune during his military service, and the Board grants service connection for this condition.

The Board has granted service connection for depression and CAD, status post coronary artery bypass graft, both secondary to the Veteran's service-connected bilateral hearing loss.

The Board found that the Veteran's Polycystic Kidney Disease did not permanently increase in severity beyond its natural progression during service, and therefore denied his claim for service connection based on aggravation.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining service personnel records and determining his length of service at Camp Lejeune. The Veteran has raised a new theory of presumptive entitlement based on contaminated water exposure at Camp Lejeune.

The Board finds that the preponderance of evidence is against a finding that the Veteran's cause of death (complications of a left hip fracture) or other significant contributing conditions (hypertension, coronary artery disease, or renal failure) may have been etiologically related to his service. The May 2017 VA records review and medical opinion is given substantial probative weight.

The Board found that the cause of the Veteran's death was not caused by VA hospital care, medical or surgical treatment, nor did it find fault on the part of VA. The appellant's claim for service connection for the cause of the Veteran's death is denied.

The Board has determined that the Veteran's diagnosed bladder cancer, kidney cancer, and prostate cancer are as likely as not attributable to his in-service exposure to herbicides, specifically Agent Orange. Therefore, service connection for these conditions is granted.

The Veteran's claim for an effective date prior to April 23, 2013 for the award of service connection for degenerative arthritis of the spine was granted. The issue of entitlement to service connection for a kidney disability remains pending and will be addressed in the remand portion.

The Board has remanded the case due to the need for additional medical opinions and records, particularly regarding the cause of death and potential service connection under 38 U.S.C.A. � 1151.

The Board denied the Veteran's claims for increased ratings and service connection, finding no new and material evidence to reopen his arthritis claim. The diabetes and kidney disease claims were also denied as they did not meet the criteria for a higher rating.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims.

The Veteran's chronic kidney disease with hypertension is rated at 30 percent prior to March 27, 2012 and remains at 30 percent thereafter.

The Veteran's claims for service connection are all remanded due to the intertwining of issues and his request for a Board hearing. The right eye disability claim is related to hypertension, which in turn is linked to kidney disorder.

The Veteran's bladder, kidney, and lung cancers are presumed to be related to exposure to contaminated water at Camp Lejeune. The lung cancer is not presumptively service-connected.

The Board has determined that the Veteran's kidney disease is service-connected as it was caused by his service-connected diabetes mellitus.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining VA treatment records and confirming the USS Hunley was a nuclear-powered ship.

The Board denied service connection for a right kidney disability and an initial compensable evaluation for atherosclerosis. The March 1996 rating decision was not revised on the basis of clear and unmistakable error.