Kidney disease decisions — 2019

The Board has remanded the case for additional development, including a determination on service connection for a skin disability and an increased rating for prostate cancer. The issues of initial rating for traumatic brain injury and TDIU prior to September 26, 2014 are also pending.

The Board denied the claim for service connection for cause of death due to renal cell cancer, concluding that it was not related to active military service and could not be presumed to be caused by exposure to herbicides.

The Board has determined that the Veteran's lumbar spine disability, GERD, bilateral hearing loss disability, jaw (TMJ) disability, left shoulder disability, radiculopathy of the right lower extremity, raticulopathy of the left upper extremity, obstructive sleep apnea, chronic kidney disability, and erectile dysfunction are not service-connected.

The Board has determined that the Veteran's claims for service connection for cholesterol, increased SMC based on loss of use of a creative organ, initial rating in excess of 20 percent for diabetes mellitus type II with erectile dysfunction, increase in disability rating for chronic renal insufficiency with hypertension, separate compensable rating for hypertension, and initial rating in excess of 30 percent for bilateral cataracts are all remanded. The TDIU claim is also remanded.

The Veteran's claims for an initial compensable disability rating for erectile dysfunction, service connection for Gulf War Syndrome and a chronic kidney disorder are dismissed. The claim of entitlement to service connection for sleep apnea is remanded.

The Board denied service connection for lung cancer and kidney failure, as the Veteran did not have a current diagnosis of these conditions at any point during the pendency of his claim. The Board also denied entitlement to increased SMC rates under 38 U.S.C. § 1114(r)(1) and/or 38 U.S.C. § 1114(r)(2), as he was not in need of regular aid and attendance or a higher level of care.

The Veteran's TDIU claim is remanded due to duty-to-assist errors in the prior examinations and additional evidence needed.

The Board denied the Veteran's claim of entitlement to service connection for a right kidney disability due to medication prescribed for his service-connected back disabilities, finding that there was no evidence of a causal relationship between the medications and the atrophic right kidney.

The Veteran's diabetes mellitus with erectile dysfunction, left eye macular edema and bilateral retinopathy is rated at 40 percent effective June 27, 2017. His chronic kidney disease was initially rated at 80 percent from December 20, 2016 to June 26, 2017. Both left and right lower extremity diabetic neuropathy are currently rated at 20 percent.

The Veteran's appeals for service connection for kidney disease, hypertension, and macular degeneration have been dismissed as he withdrew his appeal in August 2016.

The Board has remanded the Veteran's claims for kidney disease, hypertension, peripheral and median neuropathy of the upper extremities, peripheral neuropathy of the lower extremities, and median neuropathy of the upper extremities due to incomplete evidence and need for further examination.

The Veteran's claims for diabetes mellitus, Type II, diabetic retinopathy, erectile dysfunction, kidney problems, neuropathy of the bilateral upper and lower extremities, and major depression and mood disorder have all been denied as there is no current evidence of these conditions.,There are no presumptive service connection provisions applicable to any of the Veteran's claims.

The Board has remanded the claims for service connection due to potential exposure to environmental hazards during military service, including aviation fuel and cleaning chemicals. The appellant's MOS as a helicopter technician suggests he was exposed to these substances.

The Veteran's claim for service connection for a kidney disability has been reopened and is granted. Service connection for monoclonal gammopathy of renal significance (MGRS) was denied.

Service connection is granted for tinnitus, but the kidney disease case is remanded due to insufficient evidence.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no direct evidence linking his death to service. The Board also found that he did not engage in combat with the enemy during service and thus could not establish service connection based on this theory.

The Board has decided to remand the DIC benefits claim due to incomplete development of evidence and need for a retrospective medical opinion regarding the Veteran's cause of death.

The Board has remanded the claims for service connection for cataracts, heart disability, hypertension, renal cell carcinoma, and skin disability/cancer due to exposure to non-ionizing radiation and/or solvents.

The Veteran's cause of death, metastatic basal cell carcinoma (kidney cancer), is found to be etiologically related to in-service asbestos exposure. The Board finds the evidence in equipoise and grants service connection for the cause of the Veteran's death.

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