Kidney disease decisions — 2020

The Board has denied the Veteran's requests to reopen his previously denied service connection claims for diabetes mellitus type II, diabetic neuropathy with right eye blindness and severely impaired vision of the left eye, and end stage renal disease. The evidence received since the August 2014 denial was not new or material.

The Veteran's hypertension with renal insufficiency is rated at 60 percent, and his TDIU claim is granted due to multiple service-connected disabilities.

The Veteran requested to withdraw his appeals regarding the service connection for cysts on kidney and spleen as secondary to hepatitis C, the effective date prior to January 14, 2014 for service-connected headaches, and an evaluation in excess of 50 percent for service-connected headaches. The Board dismissed these issues due to the Veteran's withdrawal.

The Board has remanded the case due to an inadequate opinion regarding the Veteran's kidney conditions and their presumed in-service exposure to herbicide agents.

The Board has remanded the Veteran's claims for heart disorder, hypertension, circulatory disorder, gastroparesis, and kidney disorder due to failure of the Veteran to appear for VA examinations. The AOJ is instructed to obtain additional treatment records and seek addendum opinions from examiners.

The Board has granted service connection for asbestosis, finding that the Veteran's exposure to asbestos during service is causally related to his current diagnosis. The other claims of service connection are remanded.

The Board has remanded the claims for COPD, chronic kidney disease, and asthma due to a lack of compliance with previous directives. The Veteran's service records indicate he was an Atomic Demolition Munitions (ADM) specialist at Fort Belvoir from May 1969 until January 1970. VA must attempt to obtain any radiation exposure records for the Veteran and provide them to the Under Secretary for Health for a dose estimate.

The Board has remanded the claims for whether new and material evidence has been submitted to reopen the previously denied claim of entitlement to service connection for chronic kidney disease, as well as several other accrued benefits claims. The cause of death issue is also inextricably intertwined with these claims.

The Veteran's PTSD is currently rated as 30 percent disabling, but the Board finds that it does not meet or more closely approximate the criteria for a higher rating.,There is no current diagnosis of ischemic heart disease. The Veteran has hypertension which predates his diabetes and there is no evidence of ischemic heart disease.

The Veteran's claim for service connection of herpes genitalia and heart block, first degree is granted. The claims for temporomandibular joint disorder (TMJ), tinnitus, syncope, an enlarged prostate, and kidney stones are remanded.

The Board has remanded the Veteran's claims for skin cancer, bilateral knee arthritis, and right kidney removal due to VA radiation treatment. The issues include obtaining additional medical records from private facilities and conducting further examinations of the Veteran’s knees and kidneys.

The Board denied the Veteran's petitions to reopen his previously denied claims for service connection for various conditions, including shrapnel wounds of the left leg and back, liver condition, bilateral hearing loss, peripheral neuropathy of the lower extremities, adrenal gland cyst, and thyroid disease. The evidence did not meet the criteria for reopening any of these claims.

The Board denied service connection for residuals of heat stroke and kidney stones, finding no current disability attributable to the Veteran's in-service heat stroke.

The Board has granted the Veteran's petition to reopen his claim of service connection for erectile dysfunction and restored a 20% disability evaluation for lumbosacral strain with degenerative arthritis. The appeal regarding chronic kidney disease aggravated by hypertension, left lower extremity sensory deficit, right lower extremity sensory deficit, and TDIU prior to February 22, 2016 is still pending.

The Veteran's appeal for service connection of diabetes mellitus, ischemic heart disease, and kidney disease was dismissed due to his death.

The Veteran's PTSD is granted a 70 percent rating, effective September 27, 2010. The ratings for renal dysfunction, left lower extremity neuropathy, right lower extremity neuropathy, diabetes mellitus, and muscle group IV disability are denied. Service connection for hepatitis C and scar residuals from appendectomy, thoracotomy, laparotomy and cut-down scars in the right groin is granted.

The Board has denied service connection for renal cell carcinoma and remanded the issue of a rating in excess of 30 percent for coronary artery disease prior to October 15, 2019.

The Board has denied service connection for rectal cancer, type II diabetes mellitus, kidney cancer, hypertension, irritable bowel syndrome, and an acquired psychiatric disability. The issues of service connection for these conditions are remanded due to the need for additional evidence.,For type II diabetes mellitus, kidney cancer, and hypertension, the Board has ordered that the Veteran provide any relevant private treatment records from Fort Gordon where he was hospitalized during his period of service. For irritable bowel syndrome, the Board has ordered that the Veteran provide information about his alleged hospitalization at Fort Gordon.,For an acquired psychiatric disability, the Board has ordered that the Veteran provide information about his alleged hospitalization at Fort Gordon.

The Veteran's chronic kidney disease associated with hypertension is rated at 60 percent, and the Board found that it does not warrant a higher rating based on the evidence provided.

The Board has remanded the case due to inadequate medical opinions regarding the cause of death and its relation to service-connected conditions, specifically herbicide exposure, CAD, myocardial infarction, and Atenolol use.