Kidney disease decisions — 2022

Service connection for chronic kidney disease secondary to osteoarthritis of the bilateral shoulders and knees is granted. Service connection for kidney stones is remanded.

The Board denied an earlier effective date for the award of service connection for renal cell cancer, finding that the earliest possible effective date is March 14, 2017 due to a newly created presumption based on exposure to contaminants at Camp Lejeune. The Veteran's original claim was filed in December 2006 and the new presumption was effective as of March 14, 2017.

The Board has determined that there is not substantial compliance with prior remand directives and additional development is needed to determine the Veteran's exposure to ionizing radiation during service, as well as whether his cancers are related to such exposure. The claims for service connection for prostate cancer, colon cancer, bladder cancer, kidney cancer, and skin cancer are being remanded.

The Board has remanded the Veteran's claims for right toes and right foot pain, left leg disability, kidney disease as secondary to hypertension, and initial compensable rating for hypertension due to the need for additional medical opinions regarding the etiology of his conditions.

The Veteran's appeal is remanded for further development to obtain medical records and determine if the radiation treatment caused his current conditions.

The Board has remanded the claims of entitlement to compensation under 38 U.S.C. § 1151 for loss of a kidney, dysuria, erectile dysfunction, and an acquired psychiatric disorder due to ambiguities in the VA examination reports and the need for additional medical opinions.

The Veteran's claim for service connection for a heart disability has been reopened, but the evidence does not support this claim.,Compensation under 38 U.S.C. § 1151 for kidney disorder is denied as there is no evidence of carelessness or negligence on VA's part in treating the Veteran's kidney stones.,The Veteran's heart disability is not service-connected and compensation under 38 U.S.C. § 1151 for this condition cannot be granted due to lack of a qualifying event.

The Board has denied service connection for rheumatoid arthritis and remanded the remaining claims based on exposure to ionizing radiation. The Veteran's claims will be returned to the AOJ with the Under Secretary for Health's report.

The Board has remanded the claims for hypertension and chronic kidney disease due to a lack of complete medical records, including those from Dr. M.E., Dr. Pedro, and Nanticoke Cardiology. A new medical opinion is needed to address the etiology of the Veteran's conditions, particularly regarding his service connection.

The appeal for residuals of a bruised kidney was dismissed. The claims for service connection for bilateral hearing loss, depression, right hip disorder, left hip disorder, right ankle disorder, and left ankle disorder were remanded.

The Board has remanded the Veteran's claims of service connection for renal condition and TIA due to insufficient examination findings regarding whether these conditions are aggravated by his service-connected diabetes mellitus, type II.

The Board has remanded three issues: a claim for an increased rating for tension headaches, service connection for atrial septal defect heart disability and Gilbert's Disease with right kidney cyst. The claims are being reconsidered due to new VA treatment records associated after the Statement of the Case.

The Board denied the Veteran's claims of service connection for a bilateral knee condition, kidney condition secondary to his knee condition, and back condition. The decision found that new evidence did not establish a current disability or link it to service.

The Board has remanded the claims for service connection for ESRD and depression and anxiety as secondary to ESRD due to inadequate medical opinions. The claims will be reviewed again with new expert opinions.

The Board has remanded the Veteran's claim for service connection for acute kidney disease secondary to his service-connected coronary artery disease. The case is being returned for a new VA examination.

The Board denied service connection for various conditions, including left and right lower extremity disabilities, acquired psychiatric disorders, eye disability, shoulder disabilities, renal cyst, emphysema, fibromyalgia, stomach hernia disability, skin disability with impairment of the feet, and migraine headache disability. The reasons were lack of evidence or failure to report for VA examinations.

The Board has granted the reopening of service connection for obstructive sleep apnea (OSA) and remanded the remaining issues due to lack of evidence in the record.

The Veteran's claim for an effective date prior to December 16, 2014, for the grant of service connection for bilateral inguinal hernia is denied.,The Veteran's claim for a disability rating in excess of 10 percent for bilateral inguinal hernia is denied.,The Veteran's claims for reopening his previously denied claims of entitlement to service connection for hypertension and a kidney condition, to include as secondary to hypertension, are remanded.

The Board has determined that the Veteran's kidney cancer is at least as likely as not related to his military service, and thus grants service connection for this condition.