Kidney disease decisions — 2020

The Board denied the appeal as the appellant did not file a timely substantive appeal with respect to the September 2015 rating decision and September 2016 SOC for issues of accrued benefits and service connection for cause of death.

The Board has remanded the cases for further development and clarification of the Veteran's exposure to contaminated water during service, as well as opinions on the relationship between his claimed conditions and these exposures.

The Veteran's prostate cancer residuals are remanded for a higher rating, and his TDIU claim is also remanded due to the potential impact on the prostate cancer rating.

The Board has decided to remand the case due to insufficient response from the VA examiner regarding the appellant's claim that the Veteran’s exposure to herbicides may have caused his sarcomatoid features of renal cell cancer, which could make it harder to treat and contribute to his death.

The Board dismissed the appeals as to all issues related to service connection due to the Veteran's withdrawal of his appeal.

The Veteran's claims for increased ratings and service connection are remanded due to the receipt of additional VA treatment records, a need for medical opinion regarding kidney cancer, and the absence of an examination for his skin condition.

The Veteran's appeals for service connection were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he passed away during the appeal process.

The Veteran's tinnitus and left ear hearing loss are granted service connection. Right ear hearing loss, diabetes mellitus type II, hypertension, kidney condition, peripheral neuropathy of the hands, and feet as a result of exposure to herbicides are denied.

The Board has remanded the claims of service connection for hypertension, residuals of a fractured rib, kidney disease, lumbar spine disorder, cervical spine disorder, and erectile dysfunction. The Veteran's hypertension is not presumed due to his service in Southwest Asia.

The Board has granted reconsideration for the claims of service connection for lymph nodes disorder, thoracic aortic aneurysm disorder, bladder disorder, kidney disorder, and prostate disorder. The claim for diabetes mellitus type II is remanded due to lack of herbicide exposure in Vietnam.

The Board denied the Veteran's claims for service connection for the cause of death, DIC under 38 U.S.C. § 1151, and burial benefits at the service-connected rate due to a lack of evidence showing that his death was caused by VA medical treatment or negligence.

The Veteran's hypertension was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The preponderance of the evidence is against finding that OSA began during active service or is otherwise related to an in-service injury or disease or a service-connected disability.,The preponderance of the evidence is against finding that a headache condition began in active service or is otherwise related to an in-service injury or disease or a service-connected disability.,The preponderance of the evidence is against finding that kidney stones began during active service or is otherwise related to an in-service injury or disease.

The Board has granted service connection for chronic renal disease, bilateral hearing loss, and tinnitus. The evidence is at least in equipoise that these conditions are related to the Veteran's service, particularly his exposure to herbicides like Agent Orange.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the Veteran's hypertension. The examiner is requested to provide an opinion on whether it is at least likely as not that the Veteran's hypertension had its onset in service, was related to service exposure to herbicide agents, or is proximately due to his service-connected PTSD, diabetes, or chronic kidney disease associated with diabetes.

The Board denied service connection for cause of death due to bladder cancer and COPD, finding that the Veteran's COPD was not related to in-service asbestos exposure or other welding fume exposure. The decision also noted that the Veteran died from chronic renal failure caused by bladder cancer.

The Board has determined that the Veteran did not have a current diagnosis of any claimed conditions, and therefore service connection for these conditions is denied.

The Board has remanded the claims for service connection for chronic renal failure, erectile dysfunction (ED), gangrene of the bilateral legs, and bilateral eye disorder due to insufficient evidence in the record. The Veteran's statements linking his conditions to his service-connected heart disorder were not adequately considered by the VA examiner.

The Board has remanded the cases for further development and consideration, including obtaining medical records from various providers and determining whether the appellant is an appropriate substitute claimant. The claims of service connection will be considered based on the merits.

The Veteran's cause of death is not causally related to his service, and there is no evidence of exposure to herbicides. Service connection for the cause of death is denied on a direct basis.

The Board has denied service connection for ischemic heart disease, diabetes mellitus, kidney condition, diabetic neuropathy of the bilateral upper and lower extremities, and eye condition. The evidence does not support a finding that these conditions are related to active service or exposure to contaminated water at Camp Lejeune.