Kidney disease decisions — 2019

The Board has remanded the claims for service connection for various conditions including diabetes mellitus, coronary artery disease, hypertension, stroke, depression, peripheral neuropathy of the lower and upper extremities, arthritis, grand mal seizures, erectile dysfunction, kidney disorder, and lung disorder due to exposure to herbicides and asbestos. The appellant is required to submit new and material evidence to reopen these claims.

The Veteran withdrew his appeals for hypertension, erectile dysfunction (ED), and chronic kidney disease.

The Veteran's service-connected disabilities which were considered static in nature reached a combined evaluation of 100 percent as of July 1, 2006. The Board found that the criteria for establishment of basic eligibility to Chapter 35 Dependents' Educational Assistance (DEA) benefits were satisfied as of this date.

The Board has remanded the Veteran's service connection claims for his adrenal gland condition, thyroid condition, pituitary gland condition, and hypertension as secondary to his service-connected diabetes. The VA is instructed to obtain relevant medical records and provide a new opinion on the etiology of these conditions.

The claim for a heart condition has not been reopened due to lack of new and material evidence.,The claims for right and left ankle disabilities have been reopened based on the submission of new evidence, but service connection is denied as there is no direct or secondary evidence linking these conditions to service.,Diabetes mellitus was not incurred in service and is not related to any other condition. Service connection is denied.,Bilateral peripheral neuropathy of the lower extremities has not been shown to be related to service, nor is it linked to a pre-existing condition. Service connection is denied.,Diabetic retinopathy was not documented during service or within one year after separation and is not considered secondary to any other condition. Service connection is denied.,A kidney condition was not diagnosed in service or within one year of separation, and there is no evidence linking it to service. Service connection is denied.,Vertigo has not been shown to be related to service. Service connection is denied.,Gastroesophageal reflux disease (GERD) was not documented during service and is not considered secondary to any other condition. Service connection is denied.,Gout was not diagnosed in service or within one year of separation, and there is no evidence linking it to service. Service connection is denied.,A lung disability manifested by spots in the lung has not been shown to be related to service. Service connection is denied.,Neurological condition manifested by tremors has not been shown to be related to service. Service connection is denied.,Sleep apnea was not shown to be related to service or any other condition. Service connection is denied.,Left shoulder disability was not diagnosed in service and is not considered secondary to any other condition. Service connection is denied.,Hypertension did not have its onset during service, nor is it linked to a pre-existing condition. Service connection is denied.,Erectile dysfunction was not shown to be related to service or any other condition. Service connection is denied.,Left hip disability and right ear condition (manifested by swelling and drainage) were not diagnosed in service or within one year of separation, and there is no evidence linking them to service. Service connection is denied.

The Board has decided that further development is necessary to determine if the Veteran's kidney cancer, which required a nephrectomy of the right kidney in May 2016, was caused by exposure to herbicide agents during active service in Vietnam. The claim is remanded for additional examination and development.

The appellant withdrew their appeals of the claims for compensation under 38 U.S.C. § 1151 for kidney failure and congestive heart failure before the Board could make a decision.

The Board has granted service connection for ureteral cell carcinoma of the ureter and bladder, chronic renal insufficiency, status post left total nephrectomy, and prostate cancer due to herbicide agent exposure. The conditions are presumed to be related to service.

The Veteran's tinnitus claim is granted, and the issues of service connection for a bilateral foot condition and kidney disease are remanded.

The Board has remanded the claims for hypertension, hypertensive nephrosclerosis (claimed as kidney failure), prostate cancer, and diabetes mellitus type II due to exposure to Camp Lejeune Contaminated Water, asbestos, jet fuel, and lead poisoning. The Veteran's records are incomplete and need to be obtained.

The Board has denied service connection for various conditions, including coronary artery disease with congestive heart failure, posttraumatic stress disorder, prostate cancer, bilateral hearing loss, and diabetes mellitus type II. Service connection was granted for tinnitus.

The Board has granted service connection for ischemic heart disease due to herbicide agent exposure. The Veteran's claims for prostate condition, kidney stones, cysts on adrenal glands, vestibular dysfunction with vertigo, balance issues, and nausea, as well as acquired psychiatric disorder (including PTSD, anxiety disorder, depressive disorder, and mood disorder) are remanded for further development.

The Veteran's claim for service connection for erectile dysfunction was reopened, and he is now granted. The Veteran's bilateral lower extremity peripheral neuropathy is also granted as secondary to his diabetes mellitus. However, the Veteran's kidney disorder remains in dispute.

The Veteran's claim for service connection for major depressive disorder secondary to his service-connected migraine headaches was granted. Service connection was denied for the remaining conditions.

The Board has remanded the issues of service connection for hypertension and chronic kidney disease, as these claims involve new evidence not previously considered.

The Veteran's original claim for service connection for a kidney disability was denied in 2017. After submitting new evidence, his claim was reconsidered and denied again. The Board found that the appeal is improperly before them due to the need for a statement of the case (SOC).

The Veteran's claims for service connection are remanded due to insufficient evidence and need further examination. The issues include PTSD, erectile dysfunction, diabetes mellitus, prostate hypertrophy, neoplasms of the thyroid, and neoplasms of the kidney.

The Board has remanded the case for additional development, including obtaining medical opinions and records related to the Veteran's death and service-connected conditions. The issues of service connection for a right foot condition and low back condition are also being remanded.

The Veteran's appeals for erectile dysfunction, scar associated with CAD, and renal dysfunction were dismissed due to the Veteran withdrawing his appeal before a decision was made.

The Veteran's death was not caused by any service-connected disability, and the evidence does not support a finding that his hypertension or cardiovascular-renal disease (including hypertension) began in service.