Kidney disease decisions — 2022

The Veteran's death was caused by ischemic heart disease, which is presumed to be due to exposure to herbicide agents during his service in Guam. The appeal for accrued benefits is denied as there is no evidence of unpaid VA benefits at the time of the Veteran's death.

The Board has dismissed the appeals for service connection and rating determinations as the Veteran died during the pendency of these claims.

The Board denied service connection for chronic kidney disease and Wegener's Disease, both of which were not associated with herbicide agent exposure during service.

The Veteran's TDIU and DEA claims are denied as the effective date for both benefits is February 27, 2020.

The Board has determined that the evidence is insufficient to make a determination on the Veteran's claim for service connection for cystic kidney disease and nephrolithiasis (kidney stones), and thus remands the case for further development.

The Board denied compensation under 38 U.S.C. § 1151 for CMV infection, kidney disease and paralysis due to lack of evidence showing VA carelessness or negligence in providing treatment.

The Veteran's claim for PTSD was reopened due to new and material evidence. Service connection has been granted for prostate cancer, diabetes mellitus, CAD, and hypertension.,PTSD is being remanded as the issue of service connection remains pending.

Service connection for hypertension is granted due to exposure to Agent Orange. Service connection for right and left kidney diseases, secondary to service-connected heart disease and/or hypertension, is remanded.

The Board has remanded several issues related to the Veteran's service connection claims, including those for hepatic steatosis, loss of use of his feet and hands, vision disability, renal condition, immune system dysfunction, cardiovascular condition, and psychological disability. The AOJ is instructed to schedule examinations for these conditions and provide a rationale for their relationship to service or secondary to RA.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional examinations. His hypertension is presumed due to exposure to herbicide agents, while his chronic kidney disease and ischemic heart disease require further evaluation.

The Veteran's claims for increased ratings, service connection, and secondary service connection are being remanded due to the need for additional examinations and development of evidence.

The Board has determined that additional development is necessary for the service connection claims due to incomplete records and conflicting medical opinions. The TDIU claim is also remanded.

The Board denied service connection for unknown liver growth and kidney growth, finding that the cysts are not causally related to active service or exposure to contaminants at Camp Lejeune.

The Board denied service connection for lung cancer, acute renal failure, end stage liver disease, and diabetes mellitus as these conditions are not related to service or service-connected conditions.

The Veteran's appeal for service connection was dismissed due to his death, and the secondary claim for osseous metastatic disease is also dismissed.

The Veteran's claim for service connection for head and neck cancer, diagnosed as mammary analogue secretory carcinoma (MASC), is remanded due to insufficient evidence regarding the relationship between his condition and military service, including exposure to contaminated water at Camp Lejeune. The Board finds a VA examination necessary to address these issues.

The Board has granted service connection for clear cell renal cell carcinoma, type 2 diabetes mellitus, and hypertension due to exposure to herbicide agents in Korea. The PACT Act of 2022 extended the presumption of exposure to herbicide agents to include hypertension.

The Board has decided to remand the case due to inadequate medical opinions regarding the etiology of the Veteran's current genitourinary system disabilities, which are believed to be related to in-service nocturia, kidney stones, and prostatitis. The case will be returned for further development.

The Board has ordered a remand due to the need for substantial compliance with prior directives regarding the Veteran's service-connected kidney stones and their potential impact on his cause of death. The examiner must address the appellant's testimony about the Veteran having suffered from kidney stones all of his life, including multiple times per year.

The Veteran's kidney disability is granted as service connected, with the PACT Act presumption of herbicide exposure in Guam being applied.