Kidney disease decisions — 2022

The Veteran's hypertension, chronic kidney disease, hypertensive retinopathy, glaucoma, retinal vein occlusion, epidermal cysts and comedones, and scars related to epidermal cysts have all been granted service connection due to exposure to herbicide agents during active duty in Vietnam.

The Veteran's claim for service connection for right kidney cancer was denied in April 2013 and has not been reopened.,An initial rating of 50 percent for anxiety disorder prior to January 11, 2017 was granted.

The Board has remanded the claims for service connection for various conditions due to insufficient evidence regarding the Veteran's in-service ear condition and exposure to herbicides. The TDIU and cause of death issues are also remanded.

The Veteran's service connection claims for bilateral knee arthritis, diabetes with kidney disease, hypertension, peripheral neuropathy of the upper and lower extremities, and stroke have all been granted due to evidence showing a relationship between these conditions and his active duty service.,Service connection is also granted on a presumptive basis for diabetes with kidney disease as it is associated with exposure to herbicide agents.

The Veteran's renal disorder was not incurred in service and cannot be presumed to have been incurred due to exposure to contaminated water at Camp Lejeune. The Board denied the claim as there is no direct evidence linking the condition to service.

The Veteran's death is being remanded for additional medical opinions regarding the cause of his death, including whether his service-connected conditions and herbicide exposure contributed to his demise.

The Veteran's renal insufficiency was granted an effective date of May 6, 2009.,Right lower extremity peripheral neuropathy received a disability rating of 80 percent from June 4, 2019.,Left lower extremity peripheral neuropathy received a disability rating of 80 percent from June 4, 2019.,Right upper extremity peripheral neuropathy received a disability rating of 30 percent from May 6, 2009.,Right upper extremity peripheral neuropathy received a disability rating of 50 percent from August 24, 2015 and 20 percent from August 6, 2019.,Left upper extremity peripheral neuropathy received a disability rating of 20 percent from May 6, 2009 and 40 percent from August 24, 2015.

The Veteran's cause of death is service connected due to hypertension, which contributed substantially or materially to the production of his end stage kidney disease. The claim for nonservice-connected pension benefits is dismissed as the cause of death has been granted.

The Board has remanded the case for further development regarding service connection for the cause of the Veteran's death and dependency and indemnity compensation under 38 U.S.C. § 1318.

The Veteran's tension headaches are granted as secondary to his service-connected tinnitus and unspecified anxiety disorder.,Prostate cancer, kidney condition, and bladder condition are all remanded due to the need for additional medical opinions regarding their relationship to exposure at Camp Lejeune.,Back disability is granted as secondary to service-connected left knee degenerative joint disease (left knee disability).,Right hip disability and left hip disability are both remanded as they may be related to service-connected left knee disability.

The Board has remanded the case to obtain an independent medical opinion regarding the relationship between chronic renal disease and service, including Influenza A. The Veteran's contentions about white coat syndrome and similar avian viruses will be considered.

The Board has determined that the Veteran's kidney stones began during active service and granted service connection for this condition.

The Veteran died from non-service-connected causes and did not meet the criteria for nonservice-connected burial death benefits as he was not receiving VA service-connected compensation or pension at the time of his death.

The Board has remanded the claim due to failure to substantially comply with prior remand instructions, specifically regarding the impact of service-connected disabilities on work capacity prior to March 13, 2009. The Veteran's TDIU claim is now remanded for further examination and consideration.