Kidney disease decisions — 2018

The Veteran's claims for service connection have been granted. The Board has also remanded several issues related to his diabetes mellitus, type II and other disabilities.

The Veteran's claim for reimbursement of medical expenses incurred at a private hospital due to a kidney stone is denied because he did not receive VA treatment within the 24 months prior to his emergency treatment.

The Board has denied the Veteran's claims for service connection for renal cell carcinoma, cataracts, degenerative speech associated with residuals of gunshot wound to mandible, hernia, type II diabetes mellitus, and epiphora (unilateral). The issue of an initial evaluation in excess of 10 percent for coronary artery bypass graft with coronary artery disease has been remanded.

The Board dismissed the Veteran's claim for an earlier effective date for the grant of service connection for kidney disease with dialysis, as his appeal was not timely filed and the rating decisions were final.

The Veteran's death was caused by metastatic lung cancer, which the Board found not service-connected due to lack of evidence linking it to his active duty service. The Board also determined that there was no herbicide exposure during service and thus could not find service connection for the cause of death based on herbicide exposure.

The Veteran's rhabdomyolysis and kidney/muscle damage are not considered to be caused by VA medical care, thus denying compensation under 38 U.S.C. § 1151.

The Veteran's service-connected disabilities were not shown to be of such a nature or severity to have prevented him from obtaining or retaining substantially gainful employment. The Board finds that the weight of the evidence is against a finding that the Veteran was unable to obtain or retain substantially gainful employment due to his service-connected disabilities.

The Veteran's appeal for service connection of a kidney condition has been dismissed as he withdrew his appeal in January and March 2018.

The Board denied service connection for polycystic kidney disease (PKD) as the Veteran's PKD clearly and unmistakably preexisted his active duty military service and was not aggravated therein.

The Board has denied the Veteran's claims for service connection for hypothyroidism, borderline diabetes mellitus type II, and an endocrine disability (adrenal growth) due to Agent Orange exposure. The case is remanded as new evidence was submitted but does not meet the criteria for reopening the claim. Service connection for diabetes mellitus type II is also denied because there is no current diagnosis of the condition.

The Board denied service connection for sinusitis, peptic ulcer disease, pyelonephritis, urine microalbuminuria (claimed as kidney defect), hematuria, trichomoniasis/yeast infections, and anemia.,There is no current evidence of any of these conditions during the appeal period.

The Veteran's kidney cancer is related to his active duty service, specifically the exposure to toxic materials during ship refurbishment in 1969. The Board finds a need for further examination and opinion regarding this claim.

The Veteran's kidney cancer, diagnosed in 2007 and treated with a nephrectomy, is presumed to have been caused by exposure to contaminated water at Camp Lejeune during his service from May 1970 to September 1970. The claim for service connection for residuals of kidney cancer is granted.

The Board denied service connection for the cause of the Veteran's death due to lack of evidence linking his service-connected tinea pedis with any of his primary or contributory causes of death, including respiratory failure, metabolic encephalopathy, acute kidney failure, and myocardial infarction.

The Board has determined that the Veteran's kidney disability, including as secondary to service-connected diabetes mellitus type II, cannot be linked to service or a service connected condition and is therefore denied.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and his TDIU claim is denied.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records, arranging for VA examinations to assess his service-connected disabilities and any acquired psychiatric disorders, and determining the nature and etiology of any diagnosed eye disorders.

The Board found that the Veteran's kidney, anal, and intestinal disorders did not manifest during service or are otherwise related to his military service. The Board also noted there was no herbicide exposure in Honduras and Panama.

The Board has determined that the Veteran should be afforded VA examinations to determine the nature and etiology of his current knee, ankle, foot, hand, finger, and wrist disabilities. Additionally, a VA examination is needed to assess the relationship between any kidney disability and service.

The Board has granted service connection for left nephrectomy due to left kidney cancer and right kidney insufficiency as secondary to service-connected type II diabetes mellitus and peripheral neuropathy, based on the Veteran's exposure to herbicide agents during his Vietnam service.