Kidney disease decisions — 2020

The Veteran's claims for a compensable rating for mild renal insufficiency prior to May 16, 2019 and in excess of 60 percent thereafter, as well as a rating in excess of 20 percent for diabetes mellitus, type II, were denied.

The Veteran's claims of entitlement to increased ratings for diabetes mellitus, bilateral hearing loss, and TDIU prior to April 25, 2012 must be decided by the evidence of record. The Board finds that a TDIU is granted effective April 25, 2012, but remands the issue of entitlement to a TDIU prior to this date.

The Veteran's cause of death, renal cancer, is granted as service-connected due to exposure to herbicides during his Vietnam service. The claim for DIC benefits under 38 U.S.C. § 1318 is dismissed because the cause of death is recognized as service-connected.

The Veteran's child, the Appellant, is denied recognition as a helpless child for VA benefits due to lack of evidence showing permanent incapacity for self-support prior to age 18.

The Veteran's kidney removal disability is rated at 60 percent from December 18, 2013 and thereafter. The other service-connected disabilities have been granted or maintained.

The Veteran's death was caused by chronic renal failure and COPD, with hypertension possibly contributing. The Board has determined that the issues of service connection for cause of death and DIC under § 1318 are inextricably intertwined with the pending claims for PTSD, alcoholism, alcohol-induced dementia, and a heart condition.

The Board has remanded the claims for service connection for type II diabetes mellitus and kidney disease, as secondary to asthma. The Veteran needs further medical opinions regarding the etiology of her conditions.

The Board has reopened the Veteran's claims for service connection for breast cancer, kidney cancer, and residuals of pneumonia. The claims are remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board denied the Veteran's claim of service connection for cysts on his kidneys, finding no nexus to service or contaminated water at Camp Lejeune.

The Veteran's claims for service connection have been granted, with the exception of bilateral lower extremity cellulitis, bilateral hip arthritis, and throat polyps. The Veteran is also granted an increased rating for his prostatitis with BPH.

The Board has granted service connection for hypertension and chronic kidney disease (CKD) as these conditions are aggravated by the Veteran's service-connected diabetes mellitus.

The Board has remanded the issues of service connection for blindness, glaucoma, hypertension, TBI, rheumatoid arthritis, right shoulder pain, left shoulder pain, left elbow disorder, right shoulder disorder, right wrist disorder, left wrist disorder, numbness and stiffness in the right toes, numbness, pain, and tingling in the left leg, joint pain and swelling in the jaw, right hip disorder, left hip disorder, left knee disorder, right ankle disorder, left ankle disorder, bilateral pes planus, left foot bunions, right foot bunions, residuals of a rib fracture, right hand disorder, left hand disorder, tonsillitis, dizzy spells, chronic fatigue disorder, pharyngitis (inflammation of the throat), allergy disorder, breathing disorder, sleep apnea, heart disorder manifest by an irregular heartbeat, ulcer, gastritis, gastrointestinal disorder manifested by gas and stomach problems, GERD, kidney disorder, residuals of a left chest lipoma, obesity, left arm disorder, and numbness, pain, and stiffness in the fingers.

The claims of service connection for a respiratory disorder, residuals of renal cancer, and hypertension are being remanded due to the need for additional medical examinations and development.

The Board has remanded the Veteran's claims for service connection due to his exposure to Camp Lejeune contaminated water, as he served at the base for over a month. The VA is instructed to obtain medical opinions regarding whether each of the claimed conditions are related to this exposure.

The Board has remanded the Veteran's claims for right knee disability, chronic back pain, hypertension, hepatitis C, renal disability, and acquired psychiatric disorder (including PTSD and anxiety) due to outstanding medical records and in-service stressor verification.

The Board has remanded the cases for further development and opinion regarding service connection for obstructive sleep apnea and chronic kidney disability, with a focus on whether these conditions are related to service or secondary to other service-connected disabilities.

The Board has decided to remand the case due to insufficient evidence regarding the cause of the Veteran's death and its relation to service, specifically his exposure at Camp Lejeune.

The Board has decided that the Veteran's claims for service connection for diabetes mellitus, kidney disability, hypertension, and sleep apnea are remanded due to missing service medical records. The Veteran needs to provide authorization for VA to obtain any outstanding treatment records and in-service records. A VA examination is needed to assess the nature and etiology of these disabilities.

The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's service-connected hypertension aggravated his stage IV chronic kidney disease, which is a superimposed pathology on his congenital polycystic kidney disease.

The Veteran's claim for service connection for lung cancer is reopened due to new evidence submitted. However, the case is remanded as the claims are inextricably intertwined and a final decision cannot be rendered without adjudicating both claims.