Kidney disease decisions — 2019

The Veteran's kidney disease, also claimed as renal toxicity, is denied because the evidence does not support a finding that it began during service or is related to an in-service injury or exposure at Camp Lejeune.

The Board has granted service connection for diabetes mellitus (DM) and kidney disorder, but denied service connection for left foot disorder and lower extremity neuropathy. The claim for hypertension is remanded due to the need for a medical opinion.

The Board has determined that the appeal for compensation under 38 U.S.C. § 1151 is properly before the Board and has issued a remand due to the need for clarification regarding whether VA's treatment of the CMV infection was careless, negligent, or faulty.

The Veteran's PTSD is rated at 70 percent, but the Board finds no evidence of total social and occupational impairment. The issues of service connection for various conditions are remanded due to lack of definitive medical records.

The Veteran's cause of death was not related to service or any service-connected disability, including exposure to toxic herbicides. The Board denied the claim for service connection.

The Board has decided that a VA examination is needed to determine if there is a nexus between the onset of the Veteran's polycystic kidney disease with hypertension and service. The Veteran’s claims are being remanded for this purpose.

The Veteran's death was not caused by or substantially contributed to by a service-connected disability, and the cause of death is unrelated to service. The criteria for DIC under 38 U.S.C. § 1318 are also not met.

The Board denied the Veteran's petition to reopen his claims for hearing loss and hypertension, but granted them on the basis that new evidence had been submitted. It also denied the Veteran's petitions for service connection for kidney condition, skin condition, obstructive sleep apnea, PTSD, and lower extremity diabetic neuropathy with radiculopathy (associated with lumbar degenerative joint disease with IVDS L4/5). The effective date for the award of service connection for PTSD was set at September 14, 2015.

The Board denied the appellant's request for an earlier effective date for the grant of service connection for the cause of her husband's death, finding that December 4, 2017 is the proper effective date based on a reopened claim. The Veteran died in June 2007 and was not previously service-connected for any of the causes of his death.

The Veteran's claims for service connection for tinnitus and kidney cancer due to herbicide exposure were denied as there was no evidence of a current disability or a link between the conditions and military service.

The Veteran's claims for service connection for MRSA and hydronephrosis have been denied.,The Veteran's claim of service connection for an acquired psychiatric disorder to include PTSD has been remanded.

The Board has granted DIC under 38 U.S.C. § 1151 for postoperative complications of VA surgeries in 2006 and 2009, but the case is remanded for a new opinion on whether service-connected PTSD caused or aggravated hypertension and renal disease.

The Board has granted service connection for low back strain. The remaining claims are remanded due to insufficient evidence regarding herbicide exposure.

The Board found that the Veteran's kidney failure was not caused by VA care, but rather due to his own non-compliance with medical instructions and treatment. As a result, compensation under 38 U.S.C. § 1151 for kidney failure is denied.

The September 2, 2008 rating decision denied service connection for kidney disease as secondary to coronary artery disease (CAD), due to the absence of evidence linking the condition to service or a service-connected disability.

The Veteran's PTSD is found to be related to his current hypertension, which in turn is linked to his chronic kidney disease. As a result, service connection for both conditions is granted.

The claim of entitlement to service connection for right hand cellulitis is dismissed.,Service connection for a kidney disorder, claimed as renal toxicity, is denied.

The Board denied the claim for service connection for the cause of the Veteran’s death, finding that there was no evidence to support a finding of herbicide exposure during service and thus denying presumptive service connection.

The Board has determined that the Veteran's kidney problems may be related to his service-connected diabetes mellitus or his currently nonservice-connected hypertension. The decision is remanded for further examination and opinion regarding the cause of the Veteran's kidney condition.

The Veteran's chronic kidney disease is granted as service connected due to exposure at Camp Lejeune. The claims for hypertension, gout, and an acquired psychiatric disorder are remanded.