Kidney disease decisions — 2017

The Board has remanded the case due to non-compliance with previous remand directives, specifically regarding obtaining a VA examination and opinions on the etiology of chronic kidney disease. The Veteran's current condition is being evaluated for potential connection to service exposure.

The Veteran's kidney disorder, diagnosed as stage III kidney disease and renal artery stenosis, is not service-connected. The Board finds that the evidence does not support a finding of secondary service connection to his service-connected coronary artery disease (CAD). Additionally, the Veteran's current service-connected disabilities do not meet the criteria for TDIU under 38 C.F.R. § 4.16(a).

The case is being remanded for additional development, including obtaining medical opinions on the etiology of the Veteran's claimed conditions and reviewing new evidence.

The Board has remanded the appeal for further development due to failure to substantially comply with previous instructions.

The Veteran has withdrawn his appeals on all issues, including the rating for hemorrhoids and service connection claims related to in-service herbicide exposure.

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

The Veteran requested to withdraw all issues on appeal, and the Board has dismissed the appeal due to this request.

The Veteran's combined rating for his service-connected conditions is 90 percent, which meets the criteria for a total disability evaluation based on individual unemployability due to service-connected disabilities. However, the evidence does not support a finding that he is unable to secure and follow a substantially gainful occupation solely due to these conditions.

The Veteran's additional disabilities, including heparin induced thrombosis and kidney infarct with chronic renal disease and anemia, are not considered to be caused by VA carelessness or negligence.

The Board denied service connection for the cause of death and DIC under 38 U.S.C.A. § 1151, finding that there was no evidence linking any VA treatment to the Veteran's death.

The Board has determined that the Veteran's kidney condition is related to service, specifically his exposure to Agent Orange and jet fuel. As a result, the claim for service connection for chronic kidney disease with renal insufficiency is granted.

The Veteran's lung condition and stage 3 kidney disease were not found to be related to his service, including exposure to contaminated water at Camp Lejeune. The Board denied the claims for service connection.

The Board has remanded the case for further development, including scheduling a video conference hearing. The Veteran's claims for service connection remain pending.

The Veteran seeks service connection for a kidney disability. The RO has granted service connection for prostatitis, but the Veteran contends that his pre-existing kidney disability was aggravated by service. Further clarification is needed regarding the grant of service connection for prostatitis and an opinion on whether the Veteran's pre-existing kidney disability was aggravated during service.

The Veteran's service-connected disabilities rendered him in need of regular aid and attendance of another person, warranting special monthly compensation based on aid and attendance for substitution purposes.

The Board has reopened the claim for service connection for the cause of the Veteran's death and granted it. The new evidence supports a finding that the Veteran's renal cancer was due to his presumed exposure to herbicide agents during his tour in RVN.

The Veteran's cause of death was due to kidney cancer, which is presumed service-connected based on exposure at Camp Lejeune. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed as moot.

The Board has denied the claim for service connection for the cause of the Veteran's death due to lack of evidence showing a chronic condition was incurred or aggravated during his lifetime. The issue regarding countable income for pension benefits is pending and will be addressed in the future.

The Board has remanded the case for an addendum opinion regarding direct service connection and secondary aggravation of the Veteran's sleep disability by his PTSD. The Veteran now asserts that his sleep apnea may be related to, or aggravated by any of his service-connected disabilities, in addition to his PTSD, as well as the medications used to treat the service-connected disabilities.

The Veteran's claims for service connection have been denied as there is no current evidence of a hearing loss disability, and the Board finds that his claimed disabilities are not related to military service. The Veteran has also had his claims withdrawn for gastroesophageal reflux disease, sleep disorder, rib injury, and kidney injury.