Kidney disease decisions — 2017

The Board found that the Veteran's kidney disorder was preexisting and not aggravated by service, thus denying his claim for service connection.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's kidney cancer is presumed to be related to his exposure to contaminated water at Camp Lejeune during service. The Board has granted service connection for this condition.

The Veteran is seeking service connection for type II diabetes mellitus, heart condition, kidney condition, and erectile dysfunction, all claimed to be due to exposure to herbicide agents. The appeal will be remanded to obtain additional information regarding the Veteran's alleged TDY in Vietnam.

The Veteran's claim for service connection for chronic renal disease and microcytic anemia has been denied. The Board found that the current diagnoses do not meet the criteria for direct service connection, as there is no evidence of a nexus between the claimed conditions and service.,For secondary service connection claims, the Veteran must show a current disability related to a service-connected condition. In this case, the Veteran's chronic renal disease was not shown to be caused or aggravated by his service-connected diabetes mellitus type II and hypertension.

The Board has determined that the appellant's malignant melanoma of the right eye and pheochromocytomas and extra adrenal paragangliomas are related to his in-service exposure to herbicide agents, specifically Agent Orange. As a result, service connection for these conditions is granted.

The Veteran's appeals for service connection, effective dates, and increased ratings were denied. The Board found that the substantive appeal was not timely filed in several cases.

The Board has granted service connection for hypertension as secondary to PTSD with major depression and for a renal disorder (diagnosed as chronic kidney disease) as secondary to hypertension. The Veteran is now rated at the highest possible rating of 70% for his PTSD with major depression.

The Veteran's service-connected disabilities do not meet the criteria for SMC at a higher rate based on need for regular aid and attendance.

The Board found that the service-connected pulmonary tuberculosis did not cause or contribute to the Veteran's death, and other non-service connected conditions were the primary causes of his death.

The Veteran's service connection claims for type II diabetes mellitus, circulatory disorder, neurological disorder, kidney disorder, hypertension, erectile dysfunction, and eye or vision disorder have been granted due to herbicide exposure during his service in the Republic of Vietnam.

The Veteran's appeal is being remanded due to the need for a VA examination to determine if his current kidney disorder and residuals of severe strep throat are related to service.

The Veteran is entitled to a TDIU beginning on December 6, 2006 due to his service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment. The issue of entitlement to a TDIU beginning on and after November 30, 2015 is moot as it would be a duplication of the existing disability picture.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's sleep apnea was caused or aggravated by his service-connected disabilities. The AOJ is instructed to obtain an addendum opinion from a different examiner and ensure that it addresses any medical literature supporting causation of sleep apnea by hypertension, kidney disease, and/or diabetes mellitus.

The Veteran's hypertensive cardiovascular disease with renal impairment and pacemaker is rated at 100 percent from March 11, 2010. The Veteran's PTSD is rated at 70 percent since February 14, 2008. The Veteran's diabetes mellitus type 2 requires a compensable rating. There are no compensable ratings for impotence, urticaria, or headaches.

The Veteran's claims for service connection for malaria residuals, diabetes mellitus type 2, and a heart disorder have been reopened. The evidence submitted is new and material to reopen these claims.,The Veteran's claim for service connection for diabetes mellitus type 2 has also been reopened with the submission of additional medical evidence linking his current condition to his active service.

The Board denied the Veteran's claims for service connection for lower back disability, acquired psychiatric disorder (PTSD), left knee disability, kidney disorder, and hypertension. The decision found that new and material evidence had not been submitted to reopen these previously denied claims.

The Board has granted service connection for the Veteran's bladder cancer and its related conditions, finding that his PTSD may have contributed to his tobacco use which in turn caused his bladder cancer.

The Veteran's cause of death was metastatic renal cell carcinoma, which the Board found not related to service or any presumptive exposure. The claim for service connection for the cause of death is denied.

The Board has determined that the Veteran's service-connected hypertension contributed substantially or materially to his death from renal cell cancer, and thus grants the claim for service connection for the cause of the Veteran's death.