Kidney disease decisions — 2023

The Veteran's lung and prostate cancers are related to his exposures to toxic herbicides. Service connection for both disorders is granted on a presumptive basis under the PACT Act. The claims for kidney cancer, bladder cancer, and peripheral neuropathy are remanded due to lack of VA medical opinions.

The Veteran's service connection claim for renal failure is remanded due to the need for a new opinion addressing both direct and secondary service connection theories, including consideration of toxic exposure risk activities (TERA).

The Veteran's TDIU and DEA benefits were granted effective February 18, 2009. The Board found that the Veteran was unable to secure and maintain substantially gainful employment due to his service-connected disabilities from February 18, 2009.,The effective date for the grant of DEA benefits is also set at February 18, 2009, as it corresponds with the TDIU grant.

The Veteran's claims for initial compensable evaluation of hypertension and an initial evaluation in excess of 60 percent for chronic kidney disease were denied. The Board found that the evidence did not support a higher rating based on the criteria provided.

The Veteran's acquired psychiatric disorder is rated at the highest possible level (70 percent), and no higher rating is granted.,His gall bladder disability is currently rated at 10 percent, with no evidence of severe symptoms.

The Board has dismissed the appeals for service connection for various health conditions as the appellant requested to withdraw the appeal.

The Veteran's appeal for increased disability ratings for migraine headaches, atrial fibrillation, coronary artery disease, chronic kidney disease, and diabetes mellitus has been dismissed due to the withdrawal of his representative.

The Board has remanded the claims for service connection due to exposure to herbicide agents during active duty, including kidney disability, heart disability, blood clot, skin disability, and hiatal hernia. The VA examiner is requested to review the Veteran's file and provide an opinion on whether these conditions are related to in-service exposures.

The Board has remanded the claims for service connection for colon cancer, chronic myelogenous leukemia (CML), and kidney cancer due to new evidence received since the June 2021 rating decision. The Veteran's exposure to ionizing radiation is conceded.

The Veteran's service-connected status-post renal cell carcinoma is being remanded for a VA examination to assess the current severity of his kidney disability, including voiding dysfunction.

The Board has determined that additional development is needed for the Veteran's claims of service connection for gallbladder, kidney, and prostate disabilities. The VA will obtain updated treatment records and determine if the Veteran was exposed to toxins at Fort McClellan.

The Veteran's death was caused by multiple conditions, including diabetes mellitus. The Board has remanded the case for a VA medical opinion to determine if the service-connected diabetes mellitus contributed to his death.

The Veteran's claim for reimbursement of non-VA medical treatment on November 23, 2014 is granted as the emergency room visit was considered a medical emergency and VA facilities were not feasibly available.

The Veteran's appeal on the issues of service connection for lung cancer and kidney cancer was dismissed because his August 2020 VA Form 9 was not timely filed.

The Board has granted the Veteran's claims of entitlement to service connection for bilateral PVD and CKD, finding that his service-connected diabetes mellitus (DM) and hypertension caused these conditions.

The Veteran withdrew his appeals for service connection for sleep apnea and kidney disease.

The Board has determined that the Veteran's kidney cancer, which resulted in a nephrectomy, is not related to service at Camp Lejeune. The evidence does not support a presumption of exposure due to contaminated water and the direct relationship between solvent exposure and kidney cancer is not established.

The Board has remanded several issues related to the Veteran's claims, including those for ischemic heart disease, diabetic neuropathy, and skin disabilities. The additional evidence submitted since the May 2021 Supplemental Statement of the Case will be considered by the AOJ.

The Veteran's claims for service connection have been reopened and are granted. The Board has remanded the cases to obtain additional medical opinions regarding the etiology of the Veteran's hepatitis C, hypertension, and chronic kidney disease.

The Veteran's claim for service connection for chronic kidney disease is remanded due to the need for a medical opinion regarding his exposure to contaminated water at Camp Lejeune.