Kidney disease decisions — 2017

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of any diagnosed eye disability, kidney disorder, and depression. The Veteran's STRs are unavailable due to a fire at the National Personnel Records Center in 1973.

The Veteran's claim of service connection for PTSD was granted, with a rating of 30 percent effective November 4, 2009. The kidney condition claim is denied as there is no evidence that the benign cyst may be related to ionizing radiation exposure during service.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for aid and attendance or at the housebound rate.

The Veteran's issues of extraschedular evaluations for pneumothorax and hypertension are dismissed as they have not been raised by the claimant or reasonably raised by the record.

The Veteran's diabetes mellitus requires insulin and a restricted diet, but not regulation of activities. The current rating is 20 percent.

The Board has denied the Veteran's claims for service connection for a kidney disability and bilateral plantar warts, finding that new evidence did not raise a reasonable possibility of substantiating her claim. The rating for bilateral plantar warts remains unchanged.

The Board has reopened the Veteran's claims for service connection for type 2 diabetes and renal cell carcinoma, status-post left nephrectomy. The evidence shows that the Veteran had in-country service in Vietnam during his active duty as a COD pilot, which is presumed to have exposed him to herbicide agents. As such, he is entitled to presumptive service connection for these conditions.

The Board found that the Veteran's chronic self-catheterization from December 2007 until January 2012, resulting from VA treatment for voiding obstruction, caused additional disability including cystitis, renal insufficiency, depression and anxiety. The failure to timely diagnose and treat a large bladder diverticulum as the source of his voiding obstruction was found to be in breach of the standard of care.

The Board has granted service connection for prostate cancer and renal cell carcinoma, finding that the Veteran's exposure to herbicides during his service in Thailand is presumed. The Board also found that there was a likelihood of exposure to commercial pesticides including herbicides.

The Board denied the Veteran's claims for service connection for various conditions, including a bilateral knee disability, DM, eye and foot disabilities, kidney disease, peripheral neuropathy, headaches, erectile dysfunction, and depression. The decision found no new evidence to reopen the claim of a bilateral knee disability, that DM was not related to active service, and that none of the other conditions were related to active service or secondary to DM.

The Board has remanded the claims for additional development due to inadequate VA medical opinions and other procedural issues.

The Board has granted a maximum 50 percent rating for the Veteran's migraine headaches and has also granted entitlement to Total Disability due to Individual Unemployability (TDIU). The Veteran's claims for service connection for various conditions have been withdrawn.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he passed away.

The Veteran's death was caused by multiple conditions, including acute right heart failure, acute respiratory failure, acute kidney failure, diabetes mellitus, metabolic encephalopathy, hypertension, and possible pneumonia. None of these conditions are service-connected or presumed to be related to service.

The Board has determined that the Veteran's service-connected conditions do not warrant an increased rating or any other favorable determination.

The Board has granted service connection for diabetes mellitus, blindness (including enucleation of the left eye), kidney failure, resection of metatarsal head toes, amputation of toes, and fistulas. These conditions are presumed to be related to the Veteran's exposure to herbicide agents during his service in Thailand.

The Veteran does not have a current diagnosis of diabetes mellitus, heart disorder (ischemic heart disease), lung disorder, liver disorder, nerve disorder (peripheral neuropathy), kidney disorder, or traumatic brain injury. The Board finds that service connection for these conditions is denied.

The Veteran's appeal for an increased rating for PTSD was dismissed due to his withdrawal of the appeal. The claim for a compensable rating for residuals from laceration of the right kidney has not been met, and thus remains denied.

The Board found that the Veteran's ischemic cardiomyopathy, coronary artery disease, chronic kidney disease on hemodialysis, and hypertension were not incurred in or caused by his service. The gap of nearly three decades between his service and these conditions makes it unlikely they are related to his military service.

The Veteran's claims for service connection for diabetes mellitus, erectile dysfunction, renal failure with diabetic nephropathy, and bilateral hearing loss have all been denied. The Board found that these conditions were not incurred or aggravated by service.