Kidney disease decisions — 2017

The Board denied reopening of the claims for diabetes mellitus, eye disability (glaucoma), depression, left hip disability, left ring finger infection, hemorrhoids, and kidney stones. The new evidence did not raise a reasonable possibility of substantiating these claims.

The Board has determined that the Veteran's service-connected disabilities did not cause or contribute substantially to his death. The Appellant's claim for service connection for the cause of the Veteran's death is denied.

The Board found that the Veteran was not exposed to tactical herbicide agents while serving on active duty and thus could not establish service connection for his heart disabilities or chronic kidney disease based on exposure. The claims were denied.

The Board has determined that the Veteran's kidney condition, neck disability, and pancreas condition are related to his service-connected disabilities. The heart condition is not directly connected to any service-connected disability.

The Board has granted service connection for lung cancer, bladder cancer, and kidney disease, finding that the Veteran's cancers and kidney disease are presumed to be caused by exposure to herbicide agents during his service in Vietnam.

The Board finds that the Veteran's colo-rectal and left kidney cancers are not related to his service, including as due to herbicide exposure. The preponderance of evidence does not support a nexus between these conditions and his military service.

The Board finds that the Veteran's urinary, bladder, and kidney conditions are not related to his service. The evidence does not support a finding of exposure to ionizing radiation during service.

The Veteran's service-connected PTSD is rated at 50 percent, effective as of the date of the decision. The rating reflects occupational and social impairment with reduced reliability and productivity due to symptoms such as flattened affect, difficulty understanding complex commands, impaired judgment, and forgetfulness.

The Board denied the Veteran's claim for service connection for hypertension based on the determination that the evidence of record was against a finding that his hypertension manifested during, or was otherwise etiologically related to, his active military service. The additional evidence received since the December 2014 Board decision does not relate to an unestablished fact necessary to substantiate the Veteran's claim for service connection for hypertension.

The Veteran is granted service connection for diabetes mellitus, type II and Charcot disease. The remaining issues on appeal are remanded for further development.

The Board has ordered additional development to obtain the Veteran's terminal hospital records and a VA medical opinion regarding the cause of death. The Appellant seeks service connection for the cause of her husband's death due to Agent Orange exposure, but the evidence is insufficient to establish that any service-connected condition contributed substantially or materially to his death.

The Board has withdrawn the Veteran's appeal for service connection for low HDL levels, chronic disorder of the gums, bilateral eye disorder, to include glaucoma; and entitlement to an initial rating in excess of 10 percent for HTN from October 27, 2010. The claim for service connection for focal sensory peripheral neuropathy of the left medial thigh has been granted. However, the Veteran's HTN prior to October 27, 2010 is not compensable.

The Veteran's death was not caused by any service-connected disability, and the Board finds that none of his conditions are related to his military service or exposure to herbicides in Vietnam.

The Veteran's diabetes mellitus, cataracts, peripheral neuropathy of bilateral upper and lower extremities, kidney disease, erectile dysfunction, and coronary artery disease with angina are presumed to be related to his military service due to herbicide exposure.

The Board denied service connection for the Veteran's pancreatic cyst, liver cyst, renal cyst, left knee disorder, and initial higher disability rating for COPD. The COPD issue was granted with a 30 percent disability rating effective March 13, 2015.

The Veteran's kidney disorder and urinary tract infection are being remanded for further examination and clarification of the etiology. The skin rash claim is also being remanded.

The Veteran's appeal was denied for both issues. The temporary total disability rating for convalescence following the April 2013 surgery to replace a penile implant in connection with his service-connected erectile dysfunction was denied, and the claim for service connection for chronic kidney disease was also denied.

The Board denied the appellant's claim for an earlier effective date of January 27, 2015, for the award of DIC benefits under 38 U.S.C. § 1151 due to the prior final rating actions and the proper effective date being the date of the reopened claim.

The Board denied an effective date prior to September 4, 2012 for the grant of special monthly compensation at the housebound level due to the Veteran's TDIU being based on multiple disabilities and not a single disability rated as 100%.

The Board has determined that the Veteran's kidney disorder and residuals of severe strep throat are not related to his military service, and thus denied both claims.