Kidney disease decisions — 2021

The Veteran's hypertension, chronic kidney disease, and chronic headache disability are granted as service-connected due to in-service herbicide exposure.,Bladder cancer is denied as there is no evidence of the condition during or within one year after separation from active service. Peripheral neuropathy is also denied based on lack of evidence of onset during service or within a year post-separation.

The Veteran's emergency care at M.D. Hospital on December 3, 2015 was covered by VA as it met the criteria for reimbursement under 38 U.S.C. § 1725.

The Board has withdrawn the Veteran's claim for diabetes mellitus type II and has remanded his claims for hypertension, cataracts, urinary tract disability (claimed as kidney condition), bilateral lower extremity neuropathy, and bilateral upper extremity neuropathy due to potential service connection based on herbicide exposure.

The Board has granted an effective date of May 1, 2021 for the award of Dependency and Indemnity Compensation (DIC) benefits. The Appellant's claim for earlier effective dates is denied as a matter of law.

The Board has granted service connection for lung cancer as secondary to the Veteran's service-connected renal cell carcinoma, clear cell type status post right nephrectomy and adrenalectomy.

The Board has remanded the case due to inadequate VA examinations and lack of consideration of certain evidence.

The Board has remanded the case due to insufficient information regarding the Veteran's employment status, which is necessary for determining his eligibility for a total disability rating based on individual unemployability (TDIU).

The Board denied service connection for diabetes mellitus and kidney disease, finding that there was no evidence of onset in service or within a year following separation. The Veteran's exposure to contaminated water at Camp Lejeune is conceded, but the Board concluded that his conditions are not related to this exposure.

The Board has remanded the case due to a lack of a VA examination for the Veteran's chronic kidney disease, which is necessary to determine its current severity and assign an appropriate rating. The earlier effective date issue is also intertwined with the rating issue.

The Board denied service connection for kidney stones and renal disease, finding that the evidence did not support a nexus to service or exposure to herbicide agents. The Veteran's kidney stones were not shown to be related to his service, and his renal disease was not shown to be secondary to his kidney stones.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU prior to August 17, 2016. The claims for service connection are being remanded as they may affect the determination of whether he is entitled to a TDIU.

The Veteran's service-connected chronic hypertensive kidney disease is granted as it is presumed to be related to his exposure to herbicide agents in Vietnam.

The Veteran's cardiomyopathy and resulting kidney failure are directly related to active service, granted.

The Veteran's kidney cancer is not presumed to be related to herbicide agent exposure, but the Board finds a VA medical opinion is needed to determine if it was caused by service.

The Board has dismissed all appeals for effective dates earlier than July 1, 2016, as the Veteran died during the pendency of these appeals.

The Veteran's renal cell carcinoma, clear cell type status post right nephrectomy and adrenalectomy is granted as service connected due to a new opinion linking it to Agent Orange exposure.

The Board has remanded the claims for service connection for various cancers and sinusitis due to incomplete development. The Veteran's exposure to radiation is under consideration, but no specific basis for exposure was provided.

The Veteran's claims for diabetes mellitus, left eye disability, and chronic kidney disability are not on appeal. The Board has remanded the case due to incomplete documentation of income and medical expenses required for non-service connected pension benefits.

The Board granted DIC on the basis of service connection for the cause of death due to kidney cancer, which is presumed to be associated with contaminated water exposure at Camp Lejeune. The effective date was set as March 14, 2017, when VA regulations liberalized the criteria for presumptive service connection.

The Board has remanded the claims for nephritis with pyelonephritis and hypertension due to the need for additional medical opinions regarding whether these conditions are related to service.