Kidney disease decisions — 2020

The Veteran's claim for service connection for sleep apnea has been reopened and granted. The appeal is denied for the remaining issues, including high cholesterol, melanoma, hypothyroidism, peripheral neuropathy, kidney disability, heart disability, lumbar degenerative arthritis, PTSD, diabetes mellitus type II, erectile dysfunction, and TDIU.

The Veteran's claims for service connection for chronic stage III kidney disease and special monthly pension (SMP) have been dismissed.,New and material evidence has been received to reopen the claims of entitlement to service connection for a bilateral arm disability, bilateral leg disability, and back disability. The appeals are granted to this extent only.

The Board denied the Veteran's claims of service connection for right shoulder disability, coronary artery disease, stomach disability (including a tumor on adrenal gland), and diabetes mellitus. The evidence did not support a finding that these conditions had their onset in service or were related to service.

The Board has determined that there are outstanding VA and private treatment records, as well as service personnel records, which need to be obtained in order to make a fully informed decision on the Veteran's claims for service connection. The Board also finds that additional development is needed regarding the Veteran’s asserted radiation exposure.

The Veteran's claim for service connection for bilateral hearing loss has been granted. The claims for renal cell carcinoma, an acquired psychiatric disorder (depression), and a right ankle disability are being remanded.

The Board has remanded two issues: 1) the rating for diabetes mellitus, type II; and 2) the effective date for a TDIU. The Veteran's kidney function tests have suggested a kidney disorder as a complication of his diabetes mellitus, type II.

The Veteran's application to reopen a claim for service connection of his kidney disability is granted. The claims for service connection of hypertension and acquired psychiatric disability are remanded due to new evidence provided by the Veteran.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's kidney condition, including kidney stones and chronic conditions, is related to his service in Vietnam, specifically exposure to herbicide agents.

The Veteran's service-connected disabilities do not meet the criteria for eligibility for specially adapted housing or a special home adaptation grant, as they do not involve anatomical loss of use of both hands, burn injuries, inhalational injuries, blindness in both eyes with 20/200 visual acuity or less, or specific combinations of impairments.

The Veteran's claim for service connection for chronic inguinal strain is dismissed as he withdrew his appeal.,The Veteran's claims for service connection for coronary problems (including tachycardia), drug addiction, and an acquired psychiatric disability are remanded due to new evidence submitted since the March 2009 denial.,The Veteran's claim for service connection for a right scrotal mass is remanded as it is related to his service-connected disabilities.,The Veteran's claims for service connection for chronic liver disability and chronic adrenal gland disability are remanded due to contaminated water and/or medication assertions.,The Veteran's claims for service connection for bilateral foot condition requiring arch supports and bilateral foot disability (including edema) are remanded as they are related to in-service physical training.

The Veteran's hypertensive kidney disease was granted a rating of 40 percent effective July 5, 2018. Prior to that date, the condition did not require dialysis and had been rated at 20 percent.

The Veteran's COPD was granted service connection, but SMC based on the need for aid and attendance is also granted. The other conditions were dismissed.

The Board has remanded the case due to incomplete service personnel records and a need to verify the Veteran's reported service at Camp Lejeune. The Veteran claims his kidney cancer is related to exposure to contaminated drinking water while stationed there.

The Veteran's oropharyngeal cancer is considered a respiratory cancer associated with herbicide exposure, and service connection for this condition on a presumptive basis is granted. The kidney disorder claim remains pending as the VA has not provided an opinion regarding its etiology.

Service connection is granted for ischemic heart disease, diabetes mellitus type II, tinnitus, hypertension, chronic kidney disease, and bilateral hearing loss due to herbicide exposure.,The Veteran's current diagnoses of ischemic heart disease, diabetes mellitus type II, tinnitus, hypertension, chronic kidney disease, and bilateral hearing loss are presumed to be related to his service in Vietnam.

The Veteran's renal cell carcinoma was not caused or aggravated by service, including exposure to herbicide agents. Service connection for the condition is denied.

The Veteran meets the schedular criteria for TDIU consideration and his service-connected disabilities preclude him from maintaining substantially gainful employment.

The Veteran's claim for service connection for kidney cysts was reopened and granted. The heart condition claim was also reopened, but the respiratory disability, right hand disability, and liver disability claims were denied.,The Veteran died in August 2017, and his surviving spouse is substituted as the appellant.

The Board has remanded the claims of service connection for a kidney disability and low back disability due to insufficient evidence regarding exposure to herbicide agents, JP-4 jet fuel, or avgas during active duty. The Veteran's exposure status will be further investigated.

The Veteran's claims for service connection for CKD and thyroid mass are remanded due to insufficient evidence in the record.,The Veteran's claim for compensation under 38 U.S.C. § 1151 for CKD is remanded as well, with a request for additional VA treatment records and new medical opinions.,The Veteran's claim for service connection for thyroid mass is also remanded due to insufficient evidence in the record.