Kidney disease decisions — 2019

The Board denied the Veteran's appeal because his May 2014 substantive appeal was not timely filed, and thus the December 2013 rating decision is final.

The Veteran's current chronic kidney disease is at least as likely as not related to his service-connected diabetes mellitus, type II. The Board has granted service connection for chronic kidney disease on a secondary basis.

The Board denied service connection for nephrolithiasis and remanded the issue of service connection for bladder cancer due to herbicide exposure. The decision on service connection for nephrolithiasis is denied.

The Veteran's petition to reopen his previously denied claims for service connection for IgA nephropathy and CKD is granted. The Veteran's claim for service connection of IgA nephropathy and CKD are remanded.

The Veteran's daughter, the Appellant, is not considered a proper claimant for accrued benefits as she does not meet the eligibility criteria for being his child. The appeal is denied.

The Veteran's service-connected disabilities do not render him so helpless as to need regular aid and attendance, nor does he meet the criteria for housebound status due to his service-connected disabilities. Therefore, special monthly compensation based on a need for aid and attendance is denied.

The Veteran's claims for service connection for a right knee disability, bilateral hip replacement, and kidney disorder have been remanded due to the need for additional examinations. The effective date of the award of service connection for residuals of left knee replacement has also been remanded.

The Veteran's hepatitis C and related liver infection residuals are granted service connection, as is his kidney disorder which is secondary to his hepatitis C. The Veteran also meets the criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The Veteran's cause of death was attributed to renal failure and renal cell carcinoma with metastases, which the Board accepted as listed on his death certificate. The contributing causes were liver metastases. The claim for service connection for the cause of death is denied because there is no evidence establishing an inservice disease or injury relevant to the cause of death.

The Veteran's bilateral hearing loss is granted service connection. The issue of chronic renal insufficiency (claimed as a kidney condition) to include as secondary to service-connected diabetes mellitus, Type II, is remanded.

The Veteran's service connection claims for prostate cancer, kidney cancer, colon cancer, erectile dysfunction, right kidney cyst, and right hip cyst related to ionizing radiation exposure or treatment are denied. The 1151 claims for additional disability due to radiation treatments for prostate cancer are also denied.

The Board denied the Veteran's claims for service connection for RMSF, heart disease, removal of gall bladder, residuals of removal of kidney and residuals of stroke as there is no current diagnosis of any residuals from RMSF.

The Board has remanded the case due to incomplete records and the need for a VA examination regarding the etiology of the Veteran's left kidney disability.

The Veteran's daughter, A.C., was not found to be a 'helpless child' prior to her 18th birthday due to her ability to work and pursue education after turning 18.

The Veteran's bone cancer, bilateral hearing loss, tinnitus, and coronary artery disease are not considered to have begun during service or be related to any in-service injury or disease.,There is no evidence of a present diagnosis of liver cancer or kidney cancer prior to the Veteran's death.

The Board has decided to remand the case due to a need for further development regarding the cause of death, specifically focusing on whether the service-connected PTSD and its psychiatric symptoms contributed substantially or materially to the Veteran's death.

The Board has decided to remand the cases for further examination and opinion regarding service connection for various conditions, including hypertension, gall bladder stone, chronic kidney disease, erectile dysfunction, and enlarged prostate, due to presumed exposure to herbicide agents during active duty.

The Board has determined that the Veteran may be eligible for service connection for kidney cancer due to radiation exposure, but requires additional information and a dose estimate from an appropriate source before making a determination.

The Veteran's hypertension and associated renal failure are being remanded for further review, as the initial rating and TDIU claims are inextricably intertwined.

The Board has determined that additional development is necessary and the appeal is, therefore, REMANDED as directed. The issues of service connection for unspecified depressive disorder, obstructive sleep apnea, and cardiomyopathy with acute renal failure are remanded due to unresolved medical evidence regarding their etiology.