Kidney disease decisions — 2020

The Veteran's claim for compensation under 38 U.S.C. § 1151 for loss of the right kidney was denied due to a lack of evidence showing that VA care caused his condition, while the low back disability secondary to service-connected conditions issue is remanded.

The Board has granted service connection for tinnitus. The issues of service connection for abdominal pain, heart atrial fibrillation, and kidney condition are remanded due to a pre-decisional duty to assist error.

The Veteran's cause of death, respiratory failure due to metastatic renal cell carcinoma, is granted as service connection for the cause of death is established based on herbicide agent exposure during his Vietnam service.

The Veteran's service-connected disabilities prevent him from obtaining and retaining substantially gainful employment, warranting a TDIU rating.

The Board denied service connection for prostate cancer as secondary to service-connected prostatitis and also denied a temporary total disability rating based on hospitalization in excess of 21 days due to chronic kidney failure.

The Board has granted service connection for impaired renal function of the left kidney, finding that it is related to service and not due to exposure to contaminated water at Camp Lejeune.

The Board has remanded the case due to insufficient development of evidence regarding service connection for renal cell carcinoma, which is claimed as secondary to herbicide exposure. The Veteran's hypertension and obesity are risk factors for renal cell carcinoma, but their relationship to service needs clarification.

The Veteran's bilateral hearing loss and tinnitus are remanded for further examination to determine their etiology.,The Veteran's sleep apnea is remanded for a VA examination to determine its relationship to his service-connected PTSD.,The Veteran's hypertension and colon polyps are remanded due to the need for additional medical evidence regarding herbicide exposure.,The Veteran's GERD, Barrett’s esophagus, gall bladder removal, left foot disability, right foot disability, eye disability (diabetic retinopathy), and kidney stones are remanded for a VA examination to determine their relationship to his service-connected diabetes mellitus.

The Veteran's cervical spine disorder was not shown in service or for many years thereafter and is not otherwise etiologically related to active duty service.,The Veteran's thoracolumbar disorder has been linked to an injury that pre-dated service, when a car fell on the Veteran’s back. The kidney disorder may have existed prior to service entrance.

The Board has remanded the case for an addendum opinion regarding the etiology of renal failure and its relationship to service-connected kidney stones. The issues of service connection for renal failure as secondary to kidney stones, and increased evaluation for kidney stones are inextricably intertwined.

The Board has remanded the claims for service connection for diabetes mellitus, hypertension, and renal disease due to alleged exposure to ionizing radiation during active duty. The case requires further development including obtaining a dose estimate and determining if the Veteran participated in a 'radiation risk activity' that resulted in exposure to ionizing radiation.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on loss of use due to his service-connected conditions.

The Veteran's end stage renal failure is granted as secondary to his medication use related to his service-connected disabilities. The issue of special monthly compensation based on the need for aid and attendance is dismissed due to a full grant of benefits.

The Board has reopened the Veteran's claim for service connection for a back disability due to new and material evidence. The claims for service connection for kidney, bilateral knee, and psychiatric disabilities are remanded as VA examinations are needed to determine their etiology.

The Board has dismissed all appeals related to the Veteran's claims for service connection and other benefits due to his death.

The Veteran's death was not service-connected, as the evidence does not show that his cardiorespiratory arrest, septic shock, renal failure and cirrhosis were related to his military service or Agent Orange exposure.

The Board has remanded the case due to insufficient clarification of the causal connection between the Veteran's renal cell carcinoma and his service, specifically his presumed exposure to herbicide agents in Vietnam.

The Board denied the Appellant's claim for service connection for cause of death, finding that there was no evidence to support a link between the Veteran's service or any service-connected conditions and his multi-organ failure, respiratory distress syndrome, septic shock, and renal failure.

The Veteran's renal cell carcinoma is found to be directly service connected due to exposure to Agent Orange during his service near the Korean DMZ.

The Board has decided to remand the cases of service connection for hypertension and kidney dysfunction due to additional development being required. The decision on service connection for obstructive sleep apnea is denied.