Kidney disease decisions — 2023

The Board has remanded several issues, including the entitlement to service connection for a right heel disability and the TDIU claim. The earlier effective date for chronic kidney disease is granted, but the rating for PTSD remains denied.

The Veteran's renal calculi and headaches were granted service connection as they began during their respective periods of active military service.

The Veteran's service-connected PTSD alone rendered him unable to secure and follow a substantially gainful occupation from August 2, 2012 to September 20, 2017. SMC was granted for the same period due to his chronic kidney disease.

The Board has granted service connection for kidney cancer, finding that the evidence is at least evenly balanced as to whether the Veteran's exposure to solvents during service, including trichloroethylene (TCE), caused his kidney cancer. The decision resolves reasonable doubt in favor of the appellant.

The Veteran's claim for service connection for kidney cancer is being remanded due to a duty to assist error. A VA examination is required to determine if the condition is related to in-service exposure to herbicide agents.

The Veteran's claim for service connection for PTSD and major depressive disorder with anxious distress and psychotic features was granted. The claims for bilateral hearing loss, diabetes mellitus type II, chronic stage 4 kidney disease, heart disease, diabetic neuropathy of the lower extremities, and diabetic neuropathy of the upper extremities were all denied.

The Veteran's hypertension is not rated higher than non-compensable due to lack of diastolic or systolic pressure readings meeting the criteria for a compensable rating.,There is no current diagnosis of kidney disease, and the Veteran does not have any disability associated with his service.

The Veteran's kidney stones and scarring from the condition were found to have manifested within one year of her service discharge, warranting presumptive service connection.

The Board has determined that a remand is necessary to obtain an adequate VA examination and opinion for the Veteran's claims of service connection for bipolar I disorder and chronic kidney disease, as well as their secondary relationship. The issues are inextricably intertwined.

The Board has remanded the case due to insufficient opinions regarding the Veteran's cause of death and his exposure to toxic chemicals at Fort Ord during service. The VA is required to obtain further medical opinions on these issues.

The Veteran's claim for service connection for an acquired psychiatric condition, including PTSD, was denied as there is no evidence of a nexus between the condition and his active-duty service.,Service connection for bilateral hearing loss was previously denied in May 2007. The reopened claim remains denied due to lack of evidence linking the Veteran's current hearing loss to his military service.,The Veteran's claim for service connection for poor vision (claimed as partial blindness in both eyes) was reopened but remains denied because there is no evidence showing a nexus between the condition and his active-duty service or another service-connected disability.,Service connection for renal failure was previously denied. The reopened claim remains denied due to lack of evidence linking the Veteran's current renal failure to his military service, including toxic exposure at Camp Lejeune.,The Veteran's claim for service connection for diabetes mellitus was previously denied. The reopened claim remains denied as there is no evidence showing a nexus between the condition and his active-duty service or another service-connected disability.

The Board has determined that the VA examinations related to the Veteran's kidney disability and nocturia claims were inadequate, and thus these matters are being remanded for further development.

The Board has remanded several issues for further development and consideration. The Veteran's left shoulder condition requires a new examination to assess the severity of his flare-ups. His cervical spine condition must be evaluated in relation to his service-connected left shoulder condition. An addendum opinion is needed regarding the acquired psychiatric disorder, as well as an assessment of polyuria and hypertension.,The Board has remanded this issue for further development. The Veteran's cervical spine condition needs a new examination that addresses whether it is secondary to his service-connected left shoulder impingement syndrome. A new opinion on the acquired psychiatric disorder must be provided, considering the Veteran's contentions about insomnia, adjustment disorder, and depression.,The Board has remanded this issue for further development. The Veteran's acquired psychiatric disorder needs a new examination that addresses whether it is related to his service. An addendum opinion should be provided regarding polyuria and hypertension.,The Board has remanded this issue for further development. The Veteran's kidney condition, claimed as kidney cancer, requires an addendum opinion addressing the relationship between his in-service stone removal and current issues. A new examination is needed for renal insufficiency and hypertension.,The Board has remanded this issue for further development. An addendum opinion should be provided regarding polyuria and hypertension.,The Board has remanded this issue for further development. The Veteran's acquired psychiatric disorder needs a new examination that addresses whether it occurred in service or is related to his service-connected conditions. A new opinion on polyuria and hypertension must also be provided.,The Board has remanded this issue for further development. An addendum opinion should be provided regarding the relationship between the Veteran's headaches and his service-connected shoulder condition, as well as whether it is caused by or aggravated by any other service-connected conditions.

The Board has determined that the Veteran's injuries were caused by his own willful misconduct and, therefore, were not incurred in the line of duty. As a result, service connection for both laceration of right lobe of liver and right kidney laceration is denied.

The Board has determined that the Veteran's kidney cancer is likely related to his in-service exposure to herbicides, and thus service connection for this condition is granted.

The Veteran's claims for service connection for ischemic heart disease, prostate cancer, and diabetes mellitus, type II are granted. The Veteran's kidney condition and liver condition (other than hepatitis C) are remanded due to the need for additional evidence.

The Veteran's hypertension is granted as a presumptive condition due to herbicide exposure under the PACT Act. The claims for chronic renal disease, migraine headaches, rash on feet, and skin infection of the groin are remanded for further development.

The Board has remanded the claims for service connection for various conditions, including prostate cancer, kidney disorder, CVA residuals, heart disorder, COPD, and multiple myeloma, due to exposure to toxic substances during active service. The PACT Act requires a VA examination and medical opinion in these cases.

The Board has determined that additional VA clinical documentation should be reviewed and the service connection claims for various disabilities should be remanded.

The Board has granted an effective date of March 30, 2018 for the award of service connection for low grade right kidney cancer. The Veteran's disability arose at the time his Intent to File was received on March 30, 2018.