Kidney disease decisions — 2021

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's kidney condition. The Veteran is seeking service connection for a kidney disorder, but there are conflicting diagnoses and no clear resolution of whether he had a current kidney condition during the appeal period.

The Veteran's nephrolithiasis with polycystic kidney disease is rated at 80 percent from July 23, 2017 to October 15, 2019.

The Board has remanded the case for a more detailed medical opinion regarding whether the Veteran's renal failure in 2008 was additional disability beyond normal progression, and if VA carelessness or error occurred during monitoring of vancomycin levels.

The Veteran's onychomycosis is granted as secondary to his service-connected diabetes mellitus. His chronic kidney disease and diabetes mellitus are not rated higher than the current levels, but he is granted SMC based on need for regular aid and attendance.

The Veteran's kidney cancer was treated with a partial left nephrectomy on September 9, 2020. The Board has granted a 100 percent rating for the initial rating period from October 28, 2020 to March 9, 2021 due to the cessation of surgical treatment. However, the issue of determining an appropriate disability rating for kidney cancer from March 9, 2021 to present is remanded as there are outstanding private medical records that need to be obtained.

The Veteran's neck scarring and left hip scar are not rated higher than the current levels. A separate rating of 10 percent for loss of taste associated with post-laryngectomy cancer is granted.

The Board has remanded the issue of service connection for kidney cancer, to include as secondary to herbicide exposure during service, due to insufficient medical evidence.

The Board denied service connection for various conditions, including diabetes mellitus type II, atherosclerotic heart disease, bilateral loss of vision, a bilateral leg disability, neuropathy of the back, right shoulder disability, abdominal aneurysm, and kidney disease. The claims were based on direct evidence rather than any presumption or secondary relationship to service-connected conditions.

The Veteran has withdrawn his appeals for ratings related to chronic kidney disease, right shoulder disability, right shoulder scar, and bilateral hearing loss. The appeal is dismissed.

The Board has remanded the SMC claim due to insufficient evidence regarding the Veteran's employment status and additional VA and private treatment records are needed. The appeal is now in remand status.

The Veteran's appeal for compensation under 38 U.S.C. § 1151 for lithium toxicity causing renal failure, a pension, and a special monthly pension (SMP) has been dismissed due to the Veteran's withdrawal of his appeal.

The Board has found that there has not been substantial compliance with the previous remand directives and requires further development to determine if metastatic colon cancer was related to service, including exposure to herbicide agents. The causes of death are also being reviewed.

The Veteran's appeal for service connection of left kidney renal cell carcinoma has been dismissed due to his death. The Board does not have jurisdiction to proceed with the case as he is deceased.

The Board has remanded the Veteran's claims for hypertension, peripheral neuropathy of the bilateral upper extremities, kidney disease, and allergies due to exposure to herbicide agents. The Veteran is also dismissed from his appeals on separate compensable ratings for paranoia and insomnia, as well as a TDIU prior to August 18, 2016.

The Board has found it necessary to remand the case due to insufficient medical opinions regarding the relationship between the Veteran's kidney cancer and his service-connected prostate cancer, as well as other issues. The case will be returned for further development.

The Veteran's appeal was dismissed due to his death, and no final decision could be made on the merits of his claims.

The Veteran's diabetes mellitus, type II and renal disease are not service-connected as they were not incurred or aggravated by his military service. The Board found that the presumptive service connection for diabetes mellitus, type I due to herbicide exposure is rebutted.

The Board has remanded the claims for hypertension and kidney disorder, as they are inextricably intertwined with each other.

The Veteran's service-connected disabilities, including end-stage renal disease and peripheral neuropathy, have rendered him unable to maintain substantially gainful employment since April 13, 2010. The Board has granted a TDIU effective from that date.

The Veteran's claims for service connection for renal cell carcinoma, an increased rating for PTSD, and TDIU are being remanded due to the need for additional medical examination and opinion regarding the nature and etiology of his conditions.