Kidney disease decisions — 2020

The Board has decided to remand the case due to inadequate opinions and lack of substantial compliance with previous remands. The Veteran's kidney cancer and nephrectomy are being reviewed for possible service connection, including exposure to herbicides.

The Board has remanded the Veteran's claims for service connection and rating of his right nephrectomy, as well as his claims for an acquired psychiatric disorder and a sleep disorder. The issues have been recharacterized to include a left kidney condition.

The Veteran's kidney failure and lower extremity paralysis, as well as his aortic aneurysm, paraparesis of the bilateral lower extremities, and renal failure have all been granted service connection due to exposure to herbicides during service.,Service connection for depressive disorder, NOS, has also been granted.

The Board has remanded the cases for further development and opinion regarding service connection for hypertension and kidney disability, including consideration of herbicide exposure.

The claim for service connection for bilateral hearing loss is granted. The claims for earlier effective dates for PTSD, GERD, and sleep apnea are denied. The claim for a 30% initial rating for GERD is granted. The claim for a higher initial rating than 50% for obstructive sleep apnea is denied. A total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is granted.

The Board has remanded the cases for further development and clarification of whether the Veteran had any gastrointestinal diagnoses during the appeal period, including GERD and mild diverticulitis.

The Board has remanded the claims of service connection for respiratory and kidney disorders due to outstanding treatment records from the 1970s.

The Board has remanded the claims for service connection for kidney disease, total disability rating based on individual unemployability (TDIU), and an effective date earlier than November 14, 2019, for the award of special monthly compensation (SMC) based on aid and attendance.

The Veteran's appeal for service connection for renal cell carcinoma was dismissed because he withdrew his appeal in November 2020.

The Board has remanded the Veteran's claims for hypertension and renal insufficiency due to conflicting medical evidence. The Veteran is not entitled to a compensable rating for his service-connected hypertension, but his kidney condition requires further examination.

The Board has remanded the case due to incomplete medical records and a need for additional development, including obtaining treatment documents from Dr. SMH.

The Board has reopened the claims for service connection for bilateral hearing loss, tinnitus, diabetes mellitus type II, vision loss, hypertension, kidney/renal disorder, heart disorder, peripheral neuropathy of the upper and lower extremities, and acquired psychiatric disorder (to include PTSD). However, these claims are being remanded due to outstanding VA treatment records and other development that may be needed.

The Board denied service connection for thoracolumbar spine, cervical spine, ruptured right ear drum (healed), and kidney disabilities due to lack of evidence linking these conditions to the May 1963 automobile accident.

The Veteran's migraine headaches are rated at 50 percent since October 30, 2012.,The Veteran is granted a TDIU effective from the date of claim (October 30, 2012).

The Veteran's death was not service-connected as the cause of his death, and there is no evidence linking any of his conditions to military service or exposure to contaminants at Camp Lejeune.

The Board has granted service connection for the residuals of kidney cancer, finding that it is at least as likely as not related to the Veteran's in-service exposure to herbicide agents. The decision also acknowledges previous negative opinions but finds them less probative than a more recent VA medical opinion.

The Board has remanded the cases for further development and clarification of the Veteran's claims, including obtaining authorization to obtain private treatment records related to his kidney condition. The AOJ must also consider all pertinent STRs in the low back condition case.

The Board dismissed the appeal due to the appellant's withdrawal of the case.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, and hypertension. The Board also granted a TDIU based on his diabetes.,For kidney disability, the Board found no evidence of an in-service injury or disease that could be linked to current symptoms.

The Board has remanded the case due to insufficient investigation into the Veteran's claimed exposure to contaminants, including contaminated water, during his service at Camp Lejeune. The AOJ is instructed to verify the Veteran’s exposure and provide a formal finding if unable to do so.