Kidney disease decisions — 2019

The Veteran's kidney cancer is granted as service connected due to exposure at Camp Lejeune, and he receives a 100% disability rating.

The Board has determined that additional evidence is needed to determine if the Veteran was exposed to asbestos, Agent Orange, and/or paints and solvents while in service. The esophageal and adrenal gland cancers are remanded for further development.

The Board has not found sufficient compliance with previous remand directives and has ordered another remand due to the inadequacy of a recent VA addendum opinion. The remand requires an advisory medical opinion addressing whether the Veteran's cause of death was caused by herbicide exposure, including Agent Orange and Agent Blue, or aggravated by his service-connected hypertension.

The Veteran's non-alcoholic fatty liver disease and nephrolithiasis/kidney stones are found to have begun during service, warranting service connection. The issue of an increased rating for PTSD is remanded.

The Board has remanded the Veteran's claims for service connection due to lack of a VA examination and consideration of new evidence. The issues include undiagnosed illness, diabetic retinopathy and retinal detachment (claimed as blindness), sleep apnea, hypertension, kidney failure, and diabetes mellitus.

The Veteran's cause of death was not due to a service-connected disability, and hepatitis C was not incurred in or aggravated by service. The Board denied both the claim for service connection for the cause of death and the claim for service connection for hepatitis C for accrued benefits purposes.

The Veteran's kidney cancer is presumed to be related to his exposure to contaminated water at Camp Lejeune. He was granted a separate compensable rating of 10 percent for diabetic neuropathy of the bilateral lower extremities, but denied a separate compensable rating for diabetic neuropathy of the bilateral upper extremities.

The Veteran's vocal cord disability and kidney disease are denied as not related to service or secondary to his service-connected coronary artery disease.,Service connection for COPD, erectile dysfunction, and hypothyroidism is denied as these conditions did not begin during service or are not related to a service-connected condition.,Coronary artery disease is rated at 30% from September 11, 2001 to August 7, 2002, 60% from December 1, 2002 to May 24, 2004, and 30% thereafter. The Veteran's PTSD rating is denied as not meeting the criteria for a higher rating.,The effective date for service connection of mycosis fungoides was denied.

The Board has remanded the case due to new evidence and a need for additional opinions regarding service connection for tobacco use, diabetes, and other conditions listed on the Veteran's death certificate.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance is denied as there is no evidence of helplessness or inability to protect oneself from daily hazards.

The Veteran's service connection claims for bilateral flat feet, unspecified anxiety disorder with posttraumatic stress disorder (psychiatric disability), migraine headaches, and kidney disability have been granted. The claim for acne was denied. Effective November 17, 2015, the Veteran is now receiving a 70 percent rating for his psychiatric disability.

The Veteran's service connection claims for hypertension, kidney disorder, and headaches have been denied. The claim for increased rating of coronary artery disease has also been denied.

The Board has dismissed the Veteran's appeals for bilateral hearing loss disability, tinnitus, blood disorder, penis deformity, renal disability, anemia, purpura, poliomyelitis (claimed as secondary to Camp Lejeune), lumbar spine disability, cervical spine disability, and PTSD.

The Board has granted service connection for tinnitus and denied service connection for bilateral hearing loss, coronary artery disease, type 2 diabetes mellitus, and chronic kidney disease. The decision is based on the appellant's reported symptoms and medical evidence.

The Board has decided to remand the Veteran's claim for an evaluation in excess of 60 percent for chronic renal failure with hypertension due to a lack of supporting evidence regarding symptoms such as lethargy, weakness, anorexia, weight loss, or limitation of exertion.

The Veteran's claim for service connection for obstructive sleep apnea as secondary to PTSD and diabetes mellitus is granted. The claims for initial compensable ratings for allergic rhinitis, cataracts, and bilateral hearing loss are denied. The claim for a higher rating for diabetes mellitus remains denied. The effective dates for the grants of service connection for rhinitis and cataracts remain denied.

The Board has denied a compensable rating for bilateral hearing loss and remanded the issues of service connection for diabetes mellitus, kidney disorder, back disorder, hypertension, upper extremity neuropathy, and lower extremity neuropathy as secondary to diabetes mellitus. The claims are being remanded for additional development.

The Veteran's cause of death, renal cell carcinoma, is granted as a result of exposure to contaminants in the water supply at Camp Lejeune. The claim for nonservice-connected death pension benefits is dismissed due to the grant of DIC benefits.

The Veteran's service connection claim for residuals of kidney cancer is granted due to presumed exposure to contaminated water at Camp Lejeune during his military service.

The Board denied the Veteran's claims for service connection for a kidney disability and for an increased evaluation in excess of 10 percent prior to March 6, 2013 and in excess of 20 percent thereafter for residuals shell fragment wound angle recession glaucoma of the left eye with bilateral cataracts. The appeal is remanded due to incomplete records.