Kidney disease decisions — 2018

The Board denied the Veteran's claims of entitlement to compensation under 38 U.S.C. § 1151 for additional genitourinary disabilities and service connection for kidney stones, finding that these conditions were not proximately due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by the VA medical facility or staff providing care.

The Veteran's residuals of bladder cancer with voiding dysfunction, chronic kidney disease, and hypertension have been rated at 60 percent from September 15, 2008 to September 16, 2014, at 80 percent from September 17, 2014 to February 23, 2017, and denied for an evaluation in excess of 80 percent beginning February 24, 2017.

The case is REMANDED to the Agency of Original Jurisdiction (AOJ) for additional development and readjudication.

The Board denied the Veteran's claims for increased ratings and new and material evidence for service connection, except for reopening a claim for hepatitis C.

The Veteran's death was not caused by his service-connected disability, and he did not meet the criteria for DIC under 38 U.S.C. § 1318.

The Veteran's appeal is remanded due to insufficient evidence regarding the severity of his diabetes mellitus and associated complications, as well as for a TDIU claim. The AOJ must obtain treatment records from his private physicians and arrange for a VA examination if necessary.

The Board denied the Veteran's claims for service connection for diabetes mellitus, skin cancer, kidney problems and ischemic heart disease due to exposure to herbicides. The evidence did not support a finding of herbicide exposure in Vietnam or elsewhere.

The Board found that the Veteran's death was not caused by a service-connected disability and denied the claim for service connection for cause of death.

The Veteran's kidney cancer is being remanded for further development to determine if it is due to his in-service exposure to herbicide agents.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the etiology of his kidney disease and an evaluation of his claim for PTSD. The kidney disorder may be related to herbicide exposure or pre-existing conditions.

The Veteran's renal cancer is found to be related to his in-service herbicide exposure, specifically Agent Orange. The Board granted service connection for the condition.

The Veteran's enuresis has been granted a higher initial rating of 60 percent effective from August 20, 2015.,The Veteran is also granted TDIU based on his service-connected disabilities.

The Veteran's appeal involves multiple conditions and their relationship to service-connected diabetes mellitus. The Board has ordered additional clarification on the relationships between these conditions, specifically regarding hypertension, erectile dysfunction, peripheral neuropathy, renal insufficiency, and onychomycosis.

The Veteran's appeal is pending and requires a DRO hearing at the next available opportunity. The Board has not made a determination on service connection claims.

The Board has granted service connection for hepatitis C and renal failure as secondary to hepatitis C. The Veteran's hepatitis C is found to be related to her in-service duties, while her kidney condition is found to be aggravated by her hepatitis C.

The Board has determined that the Veteran did not have service in Vietnam or any other overseas location where he could have been exposed to herbicides. Therefore, his claims for diabetes mellitus, coronary artery disease, hypertension, an acquired psychiatric disability, a right knee disability, a left knee disability, a lumbar spine disability, a right hip disability, a left hip disability, a disability manifested by right leg pain and swelling, a disability manifested by left leg pain and swelling, and chronic kidney disease cannot be granted on the basis of presumptive exposure to herbicides. The Board also found no direct service connection for these conditions.

The Veteran's claims for service connection are being remanded due to inconsistencies in the opinions provided and the need for additional examinations.

The Board found that the Veteran's kidney cysts are not related to his service, including exposure to ionizing radiation. The claim for chronic disability manifested by dry mouth is addressed in a separate REMAND portion of this decision.

The Board finds that the Veteran's claimed disabilities are not related to service, including exposure to herbicides. Service connection is denied.

The Veteran's claim for service connection for a chronic kidney disorder is denied. The claims of service connection for cardiac disability manifested as bradycardia and left hand swollen joint disorder are pending and will be remanded for further development.