Kidney disease decisions — 2019

The Veteran's appeal was dismissed due to their death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has remanded the claims for service connection due to new and material evidence having been submitted. The Veteran's respiratory disorder and right kidney removal are being reviewed further.

The Veteran's service-connected coronary artery disease is rated at 100% effective from March 1, 2018. The other conditions have been denied.

The Veteran's service-connected disabilities, including major depressive disorder, chronic low back pain, and lumbar radiculopathy of the left lower extremity, precluded him from securing and following substantially gainful employment. The Board granted a TDIU from September 25, 2009, to March 31, 2011.

The Veteran's claim for an increased disability rating for tuberculosis of lungs, left ureter, and left kidney is denied. The Board has remanded the issues of service connection for a low back disability and entitlement to a compensable initial rating for bilateral hearing loss.

The Veteran's kidney cancer and hypertension are being remanded for further examination to determine if they are related to his presumed Agent Orange exposure. The thoracic aortic aneurysm service connection claim is also being remanded as it is inextricably intertwined with the hypertension claim.

The Board denied service connection for renal cell carcinoma and cancerous lymph nodes as secondary to renal cell carcinoma due to a lack of evidence linking these conditions to the Veteran's active service, including exposure to herbicides.

The Board has determined that additional medical examinations are needed to determine the current severity of the Veteran's service-connected conditions and to address his reports of flare-ups. The claims are being remanded for these purposes.

The Veteran's diabetes mellitus with mild bilateral non-proliferative diabetic retinopathy was restored to a 60 percent rating effective September 1, 2012. The TDIU claim is denied as the combined disability rating remains at 100 percent.

The Veteran's residuals of kidney cancer and painful scars are granted as service connected, with the Board finding that reasonable doubt should be resolved in favor of the Veteran.

The Board has remanded the case for additional development, including obtaining VA treatment records and medical opinions. The issues of service connection for diabetes mellitus and its secondary effects are still pending.

The Board has remanded the Veteran's claims for service connection for bilateral knee disabilities, cancer (to include renal cell carcinoma also metastasized to the bones, esophagus, adrenal gland, lung, and/or prostate), and benign prostatic hyperplasia due to insufficient evidence in the record.

The Board has denied service connection for a kidney disability and remanded the issue of service connection for obstructive sleep apnea due to presumed herbicide agent exposure in Vietnam.

The Board has determined that additional development is necessary for the Veteran's claims of service connection for various conditions, including cervical spine disorder, adjustment disorder with depressed mood, residuals of a right hip fracture, chronic kidney disease, and migraine headaches. The claims are being remanded to allow for further examination and opinion.

The Veteran's appeal is dismissed for his claim of an increased evaluation for bilateral tinnitus. His claim to reopen a service connection for bilateral hearing loss has been granted, but the Board must remand all other issues due to new evidence received since the last final denial in 2004.

The Board has remanded the Veteran's claims for service connection for various conditions, including ischemic heart disease, hypertension, kidney disease, diabetes mellitus type II, erectile dysfunction, and skin disability (chloracne), due to exposure to herbicide agents. The remand requires additional development, including obtaining VA medical opinions and verifying the Veteran's exposure in Guam.

The Board has reopened the claim for service connection for diabetes mellitus due to new medical evidence. The Veteran's fibromyalgia claim remains denied as there is no current diagnosis of fibromyalgia and it does not meet the criteria for an undiagnosed illness.

The Board has determined that a remand is necessary to consider the Veteran's death due to pneumonia, as there are conflicting medical opinions and new evidence needs to be considered.

The Veteran's claim for reimbursement of medical expenses incurred at a private hospital on October 14, 2015 is granted because the situation was an emergency where delay would have been hazardous to life or health and VA facilities were not feasibly available.

The Board has determined that the Veteran's kidney disorder, including end-stage renal disease, is secondary to his service-connected mitral valve prolapse and grants this claim.