Kidney disease decisions — 2018

The Veteran's claims for service connection were denied. The Veteran was granted a separate 10 percent rating for the residuals of a traumatic brain injury (TBI) to include headaches, effective August 11, 2015. Other claims were either denied or remanded.

The Veteran's claim for service connection for renal cell carcinoma with right nephrectomy was granted, as the evidence presented raised a reasonable possibility of substantiating his claim and established that his condition is related to herbicide exposure during service.

The Board has remanded the claims for service connection for the cause of death and death benefits under 38 U.S.C. § 1318 due to insufficient evidence, including a lack of a death certificate and proper notice.

The Board denied the appellant's claim for recognition as a helpless child of the Veteran, finding that he was not permanently incapable of self-support before turning 18 years old due to his learning disability and mental health conditions.

The Board has granted service connection for adrenal insufficiency as secondary to the Veteran's service-connected PTSD. The reduction from a 60 percent rating to a 30 percent rating for gunshot wound to the right leg resulting in total knee arthroplasty was found to be improper and the original 60 percent rating is restored.

The Board has dismissed the Veteran's claims for bilateral hearing loss, tinnitus, and colon cancer. The issues of service connection for depression, removal of a cyst, sleep apnea, adult onset vitelliform macular dystrophy, and renal cell carcinoma are REMANDED.

The Veteran's polycystic kidney disease is not service connected as it did not become manifest until after his military service, and there is no evidence of a link to exposure at Camp Lejeune.

The Veteran's renal cancer is at least as likely as not related to urinary tract infections (UTIs) in service, and the Board grants service connection for residuals of renal cancer.

The Board has remanded the case due to deficiencies in the VA's duty to assist, specifically regarding a lack of an adequate medical opinion. The Veteran needs a new examination to determine if his removal of a right kidney is related to service.

The Board has decided to remand the case due to the need for a VA examination and medical opinion regarding whether the Veteran's kidney disorder is related to carelessness, negligence or fault on the part of VA.

The Veteran's appeal to reopen a claim for service connection of end-stage renal disease was dismissed due to his death before the Board could make a decision.

The Board has remanded the claims for kidney stone disease and migraine headaches to obtain VA treatment records. The TDIU claim is also being remanded.

The Veteran's cause of death, endstage cirrhosis with hepatorenal syndrome, is related to exposure to contaminated water at Camp Lejeune. Service connection for the cause of the Veteran’s death has been granted.

The Veteran's renal cell carcinoma with nephrectomy is remanded due to the need for further development regarding in-service asbestos exposure.

The Board has determined that the Veteran's claimed conditions, including glaucoma, sleep apnea, hypertension, renal failure, diabetes mellitus, peripheral neuropathy of the lower extremities, and diabetic retinopathy, are not service-connected. The evidence does not establish herbicide exposure or any other link between the Veteran's current disabilities and his military service.

The Board denied service connection for renal and colorectal cancer, both presumed to be due to herbicide exposure in Vietnam. The June 2018 VA examiner's opinion supported the denial by explaining that there is no increased risk of these cancers from herbicide exposure.

The Veteran's claims for heart disability, hepatitis, kidney disability, and TBI were denied. Service connection for schizophrenia was granted with a 30 percent rating effective March 17, 2006.

The Veteran's left upper extremity neuropathy, lung cancer (if present), diabetes, and chronic kidney disease are all service-connected. The Veteran is granted a maximum schedular rating of 100 percent for diabetes and the grant of service connection for left upper extremity neuropathy. However, there is no separate rating for diabetic chronic kidney disease as it is considered a complication of diabetes. The psychiatric disability is rated at 70 percent but not in excess of that level.

The Board has granted service connection for ischemic heart disease, but remanded the issues of service connection for hypertension and renal disease due to potential links with herbicide exposure.

The Board has determined that the Veteran's chronic kidney disease is caused by his service-connected diabetes mellitus type II, and thus grants service connection for this condition.