Kidney disease decisions — 2021

The Veteran's death was related to his service-connected renal cell carcinoma, and he had been rated as totally disabled for more than eight years prior to his death. Therefore, the appellant is eligible for higher DIC benefits.

The Veteran's renal cell carcinoma, which was related to his exposure to herbicide agents (including Agent Orange) during service, is granted for the purpose of accrued benefits.,The Veteran's death due to aspiration pneumonia, caused by or as a consequence of brain hemorrhage and metastatic renal cell carcinoma, is granted.

The Veteran's kidney disability, inversion injury to the left ankle, and hypertension have been denied. The inversion injury to the left ankle and hypertension are being remanded for further development.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's renal cell carcinoma, including as due to exposure to herbicides, was related to his active-duty service. As such, the claim for service connection is granted.

The Veteran's appeal includes claims for an earlier effective date for a 10% rating for his right knee disability, service connection for hepatitis C and kidney disability (secondary to hepatitis C). The Board has determined that the evidence does not support an earlier effective date than June 29, 2010. Service connection for hepatitis C is denied as there is no credible evidence linking it to service or any risk factors therein.

The Board has denied service connection for a respiratory disorder and a rating higher than 40 percent for diabetes mellitus, but has remanded the issue of service connection for chronic kidney disease. The Veteran's claims are pending.

The Veteran's petition to reopen the claim of compensation for a kidney condition, including retroperitoneal fibrosis, related to asbestos exposure during service is granted.,The Veteran's petition to reopen the claim of service connection for headaches, secondary to sarcoidosis, is granted.

The Board has granted the Veteran's claim for service connection for kidney cancer, finding that his exposure to herbicide agents like Agent Orange during his Vietnam War service is at least in equipoise with a link to his current condition.

The Board has determined that the Veteran's kidney disability, including stage III kidney disease and IGA nephropathy, is related to her military service. The decision grants service connection for this condition.

The Board has remanded the Veteran's claims for service connection due to exposure to jet fuel, including diabetes, lung disorder, chronic kidney disease, and actinic keratosis. The claims are being remanded for further development.

The Board has remanded the Veteran's claims for service connection due to her exposure to contaminated water at Camp Lejeune, and requests additional evidence or medical opinions.

The Veteran's appeals for an effective date prior to March 14, 2017 for service connection and a disability rating in excess of 60 percent for renal cell carcinoma, kidney cancer, postoperative left radical nephrectomy have been withdrawn. Appeals for a compensable rating for postoperative surgical scarring, left anterior abdomen and TDIU have also been withdrawn.

The Board has found that additional development is needed for the issues on appeal, including obtaining new VA opinions to address the etiology of the claimed disabilities and considering the appellant's claims regarding in-service radiation exposure. The remanded issues are CHF, kidney disability, lung disability, and osteoarthritis due to ionizing radiation exposure.

The Veteran's major depressive disorder began in service and continues to persist. The Board has granted service connection for this condition. Other skin, diabetes, eye, erectile dysfunction, hypertension, bone loss, tinnitus, kidney, gallbladder, appendix tumor, rectal bleeding, headache, right leg nerve damage, left leg disability, sinusitis, and multi-site arthritis disabilities are remanded for further development.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for aid and attendance, as he is able to dress and undress himself without assistance.

The Veteran's claim for pension benefits was granted effective September 19, 2018 due to his need for aid and attendance.

The Board has remanded the case due to the need for a VA examination and the need to obtain additional medical records. The Veteran's kidney disability, including renal cysts, is being evaluated in light of his service at Camp Lejeune where he was exposed to contaminated water.

The Veteran's claim for special monthly compensation (SMC) and Dependents' Educational Assistance (DEA) benefits prior to the effective dates of his TDIU award is denied as he did not meet the criteria for SMC under 38 U.S.C. § 1114(s) or DEA eligibility based on permanent total service-connected disability.

The Veteran's service-connected disabilities did not result in the need for regular aid and attendance of another person, nor did they cause him to be permanently housebound or at the housebound rate prior to February 8, 2017; or from June 1, 2017, to December 22, 2019.

The Veteran's kidney cancer is not service connected due to insufficient evidence linking it to herbicide exposure or his diabetes.