Kidney disease decisions — 2023

The Veteran's claims for increased special monthly compensation and service connection have been remanded due to the need for additional medical opinions regarding hypertension and kidney disorder.

The Veteran's service-connected disabilities, including coronary artery disease and diabetes mellitus, have impacted his ability to secure and follow a substantial gainful occupation at any time during the appeal period. The Board finds it necessary to remand this matter for a medical advisory opinion addressing the Veteran's functional limitations with respect to his service-connected disabilities throughout the appeal period.

The Veteran's neoplasm of the kidney to include kidney loss has been granted an initial 100 percent rating, effective from the date of the decision. The condition is characterized by pathology of the remaining kidney with chronic kidney disease requiring regular routine dialysis and eligibility for a kidney transplant.

The Board has remanded the claims for service connection due to insufficient evidence regarding the Veteran's claimed exposure to herbicide agents in Okinawa and contaminated water at Camp Lejeune. The VA is instructed to attempt verification of these exposures and provide a medical opinion on the etiology of the disabilities.

The Board has granted the Veteran's claim for service connection for removal of his right kidney, finding that the condition was incurred during active service and is not due to any pre-existing defect.

The Veteran's service-connected disabilities, including chronic kidney disease with hypertension and hairy cell leukemia, do not preclude him from securing and following substantially gainful employment. The Board denied the claim for a TDIU.

The Board has remanded the cases of service connection for herpes and kidney stones due to inadequate opinions provided by VA examiners.

The Veteran's appeal is remanded for further action on the issues of entitlement to an initial compensable rating for residuals of renal carcinoma and increased rating for Crohn's disease.

The Veteran's service-connected disabilities did not render him unemployable prior to August 12, 2021. The Board found insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable by reason of his service-connected disabilities.

The Veteran's kidney cancer is granted service connection under the PACT Act, effective August 10, 2022. Prior to this date, service connection was not established.

The Veteran's claim for a rating in excess of 10 percent for tinnitus is denied.,The Veteran's claim for service connection for hypertension and renal disease is granted, with effective dates based on the date of receipt of claims.,Previously denied claims for service connection for OSA and an acquired psychiatric disability are reopened.

The Board has remanded the Veteran's claims for service connection for a kidney disability and entitlement to TDIU prior to September 30, 2013. Additional development is needed including obtaining private treatment records from Georgia Urology, preparing an Individual Longitudinal Exposure Record (ILER) for the Veteran, providing a VA toxic exposure risk activity (TERA) examination regarding his kidney disability, and obtaining addendum VA medical opinions on secondary causation and aggravation of his kidney disability. The claim for TDIU prior to September 30, 2013 is also referred to the Director of Compensation Service for consideration of an extraschedular TDIU based solely on the Veteran's service-connected lumbar spine disability.

The Veteran's appeal for a rating in excess of 70 percent from November 20, 2019 for PTSD is dismissed.,The Veteran's appeal for a compensable evaluation for allergic rhinitis is dismissed.,The Veteran's claim to reopen service connection for sinusitis based on receipt of new and material evidence is dismissed.,Service connection for hypertension prior to August 10, 2022 is granted due to the PACT Act.,Service connection for back disability is denied as there was no new and material evidence received.,Service connection for residuals of a stroke is remanded as there was no new and material evidence received.,Service connection for kidney disease is reopened but not granted, as there was no new and material evidence received.,Service connection for hypertension from August 10, 2022 pursuant to the PACT Act is granted.,Service connection for osteoporosis on a secondary basis is denied.,Service connection for OSA on a secondary basis is denied.,Service connection for bruxism on a secondary basis is denied.

The Board has decided to remand the case due to insufficient evidence regarding the onset and etiology of the Veteran's abdominal aorta suprarenal aneurysm. The examiner is requested to provide an addendum opinion addressing the studies submitted by the Veteran, the size of the aneurysm at different points in time, and the relationship between the Veteran's in-service complaints and his later diagnosed condition.

The Board has remanded the case for further consideration of all issues on appeal, including those related to earlier effective dates and service connection. The RO should consider all evidence associated with the claims file since the October 31, 2019 SOCs and May 27, 2020 SSOC.

The Veteran's kidney removal and kidney cancer are found to be related to his military service, leading to the grant of service connection.

The Board has remanded the case due to a need for additional medical opinion regarding whether the Veteran's cellular hemangioma is related to his service at Camp Lejeune, where he was exposed to contaminated water.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's kidney cancer was caused or aggravated by his service-connected bladder cancer. The VA must obtain a medical opinion on this issue.

The Board has dismissed the appeals for all issues related to the Veteran's service-connected conditions as the Veteran requested withdrawal of these appeals.

The Veteran's death was caused by encephalopathy, which is linked to his exposure to Agent Orange during service. The appeal for DIC based on service connection for the cause of death is granted. The appeal for accrued benefits is dismissed as all claims have been addressed.