Kidney disease decisions — 2017

The Board has determined that there is no evidence of a current kidney disorder and thus cannot establish service connection for the Veteran's claim.

The Veteran's Parkinson's disease, diabetes mellitus type II, CAD, and soft tissue sarcomas of the lung and right upper extremity/right shoulder are presumed to be due to herbicide exposure. The Veteran also has chronic kidney disease and diabetic neuropathy that are related to his service-connected diabetes mellitus.,The Veteran's GERD, headaches, psychiatric disorder (depression), hypertension, arthritis, erectile dysfunction, brittle nails, and syphilis are not presumed to be due to herbicide exposure.

The Board denied service connection for the cause of the Veteran's death, finding that his esophageal cancer and renal failure were not due to or aggravated by his military service, including exposure to herbicides in Vietnam.

The Board has ordered the VA to locate and reconstruct the Veteran's VHA folder, obtain his private medical records related to a kidney stone treatment at Mercy Health Partners on July 12, 2010, and provide an accounting of all steps taken. The claim will be readjudicated after these actions.

The Board has reopened the Veteran's claim for service connection for vertigo and is considering multiple other claims, including those related to sleep apnea, Peyronie's disease, hypertension, chronic kidney disease, liver condition, COPD, peripheral neuropathy of the bilateral lower extremities, and a chronic disability related to pre-diabetes and hyperglycemia. The Veteran has not met the criteria for service connection in all cases.

The Veteran's cause of death was due to cardiopulmonary arrest resulting from cardiomyopathy, which is not service-connected. The claim for burial benefits was denied.

The Board has determined that additional development is needed to obtain VA treatment records and outstanding evidence, including the Veteran's service discharge certificate and medical records.

The Board denied the Veteran's claims for service connection for kidney disability, bilateral hearing loss, right shoulder and/or left shoulder disabilities, as well as his claim for an evaluation in excess of 70 percent for PTSD from April 8, 2017. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Veteran's medical expenses incurred at Methodist Hospital from December 9, 2008 to December 29, 2008 are denied as the evidence shows that he could have been safely transferred to a VA facility by December 8, 2008.

The Board has decided to remand the claims for hypertension and renal disease secondary to service-connected disabilities due to insufficient examination reports, requiring further development.

The Veteran's chronic kidney disease is found to be related to his presumed exposure to herbicide agents during service in the Republic of Vietnam.,The Veteran's PTSD has been found to cause him to be unable to obtain and sustain a substantially gainful occupation, warranting TDIU benefits since September 29, 2010.

The Veteran's claim for special monthly pension is denied as he does not meet the criteria for need of regular aid and attendance or permanent housebound status.

The Veteran's service-connected back, left knee, and kidney disabilities render him unable to secure and follow substantially gainful employment.

The Board has determined that the Veteran's renal cell cancer, which caused his death, is due to exposure to herbicides, specifically Agent Orange. As a result, service connection for the cause of the Veteran's death is granted.

The Board has determined that the Veteran did not have exposure to herbicide agents in service, and therefore cannot establish service connection for his claimed conditions on a presumptive basis.

The Veteran's claim for service connection for chronic kidney disease has been granted and a rating of 40% is effective May 24, 2010. As the appeal is moot due to this grant of benefits, the case is dismissed.

The Board denied service connection for a disability associated with hepatitis B and an abdominal disability, including pancreatitis and kidney stones, finding that the evidence did not support such claims.,There is no current evidence of chronic hepatitis B or any other diagnosed abdominal disability related to service.

The Veteran seeks compensation for additional disability resulting from a colonoscopy with polypectomy performed at a VA medical facility in October 2001. The case is being remanded due to inadequate opinion regarding causation and the TDIU claim is inextricably intertwined.

The Board has determined that additional development is needed to ensure the appellant receives proper VCAA notice and to obtain pertinent medical records. The case will be remanded for these purposes.

The Board has determined that the Veteran's TBI is related to his active service, and therefore grants service connection for this condition.