Kidney disease decisions — 2021

The Veteran's bilateral flat feet, back condition, right shoulder condition, left shoulder condition, right hand condition, and left hand condition are all found to be service-connected. The Veteran's current renal toxicity (ESRD) is not considered service-connected.

The Veteran's claim for a higher disability rating and earlier effective date for chronic renal disease with hypertension was denied. The Board found that the evidence did not support a higher than 60 percent rating, and the earliest possible effective date for service connection is March 31, 2014.

The Veteran's claim for increased ratings on his right hip disabilities, service connection for a low back disability, left knee disability, and specially adapted housing is being remanded due to the need for additional development.,Service connection for a kidney disability and a low back disability are also being remanded as there was insufficient medical opinion regarding their relationship to the Veteran's left hip disability.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that the evidence did not support a causal relationship between his service-connected disability and his death.

The Board has remanded the claims for cerebellar ataxia, prostate cancer, kidney stones, gastroesophageal reflux disease (GERD), hypertension, and obstructive sleep apnea due to outstanding VA treatment records that need to be obtained.

The Veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment, as his education and vocational history are sufficient for him to obtain such employment.

The Board has remanded the claims for service connection for liver, pancreatic, and renal cyst conditions as secondary to service-connected COPD due to inadequate medical opinions.

The Board has found that the service connection decisions for hypertension and chronic kidney disease need to be remanded due to incomplete medical opinions regarding the etiology of these conditions.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or housebound status was denied because his service-connected disabilities do not meet the criteria, including due to lack of permanent housebound status.

The Veteran's left foot degenerative joint disease with plantar fasciitis is granted a 10 percent rating prior to May 23, 2016. The Board denied entitlement to TDIU due to the Veteran's service-connected disabilities not precluding him from securing or following substantial gainful employment.

The Board found that the evidence was at least in equipoise and granted the Veteran's claim for increased compensation for a dependent child, B.D., Jr., on the basis of permanent incapacity for self-support prior to reaching age 18 due to multiple congenital defects.

The Board has determined that further development is needed to obtain Social Security Administration (SSA) records and decisions for the Veteran. The case is being remanded so these records can be obtained.

The Veteran's claim for service connection for PTSD has been remanded due to the need for a clear indication of whether he currently meets the criteria for a diagnosis of PTSD under DSM-5. The issues of service connection for acute respiratory disorder, esophageal cancer, diabetes mellitus, kidney failure, HIV, and narcolepsy are also being remanded.

The Veteran's kidney cancer residuals have been rated at a uniform 60 percent since December 27, 2013. The Veteran's bladder cancer residuals are not compensable.

The Board dismissed the appeals for service connection of various conditions, including osteoarthritis of both knees and several other health issues. The decision was made due to the Veteran's death.

The Board has granted service connection for chronic renal disease and renal cyst disease as secondary to the Veteran's service-connected hypertension. However, it denied service connection for neoplasm of the kidney and right benign neoplasm of the kidney as secondary to hypertension. The rating assigned for hypertension is 10 percent.

The Veteran's death was caused by respiratory failure with associated respiratory distress, hypoxia, and hypotension due to malabsorption, diarrhea, malnutrition from his gastric bypass. His service-connected disabilities did not contribute substantially or materially to the cause of death.

The Veteran's claims for increased ratings and service connection have been dismissed. New evidence has reopened the claim of service connection for coronary artery disease, but it remains denied.

The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to insufficient medical opinions regarding the relationship between his pituitary tumor and its residuals, including hypertension, kidney disease, loss of vision, and hormone imbalance, with VA treatment.

The Board has remanded two issues: one regarding a compensable rating for a kidney removal scar and the other regarding a disability rating in excess of 60 percent for neoplasm of the kidney. The Veteran's reports of pain must be adequately addressed, and private treatment records are needed.