Kidney disease decisions — 2023

The Veteran's appeals for service connection and increased disability ratings have been dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during their pendency.

The Board has remanded the Veteran's claims for service connection due to exposure to Camp Lejeune contaminated water and herbicide agents, including cardiovascular disabilities, kidney disability, bilateral hearing loss, and left distal fibular fracture residuals. The Veteran is required to undergo VA examinations to determine if these conditions are related to his military service.

The Veteran's claim for a total disability rating based on individual unemployability prior to May 22, 2014 is denied. The Board has also remanded the issue of service connection for sleep apnea due to insufficient evidence addressing aggravation.

The Board has remanded multiple service connection claims due to the need for additional VA examinations and the need to obtain certain medical records. The Veteran's claims include various symptoms such as sleep apnea, hypertension, heart disability, joint pain, kidney issues, diabetes, and erectile dysfunction.

The Veteran's hypertension and end stage renal disease are granted service connection due to presumed exposure to herbicide agents. The Veteran's sleep apnea is remanded for further review.

The Veteran's claim for service connection for a kidney condition, including as due to toxic exposure during service, is being remanded due to the need for a VA examination and development of evidence.

The Board has remanded the Veteran's claims for service connection for various disabilities due to incomplete records of his reserve service.

The Board has reopened the claims for chronic kidney disease and hypertension, but these issues are being remanded to the AOJ for further adjudication.

The Veteran's low back condition, bilateral lower extremity radiculopathy, and kidney disability are all service-connected. The Board granted a 40 percent rating for the low back condition prior to December 21, 2022, and a 100 percent rating for loss of use of both feet from February 2, 2021, to December 21, 2022. The Veteran's kidney disability is rated at 60 percent or more.

The Board denied the Veteran's request for an earlier effective date for the award of service connection for renal disease, finding that there was no basis to assign such a date prior to February 22, 2018.

The Board denied service connection for diabetes mellitus, prostate condition, erectile dysfunction, bilateral kidney condition, bilateral eye condition, and heart condition. The claims were also remanded for hypertension.

The Board has denied the Veteran's claims for service connection for erectile dysfunction, peripheral neuropathy of the left and right lower extremities, kidney disorder, and chronic obstructive pulmonary disease. The decision also dismissed his claim for special monthly compensation based on loss of use of a creative organ.

The Board has remanded the cases of urinary incontinence and kidney disability for further development, including obtaining VA medical opinions to determine if these conditions are related to service or service-connected PTSD.

The Veteran's service connection claims for hypertension, seizures as secondary to hypertension, and suprarenal abdominal aortic aneurysm as secondary to hypertension are all granted. The PACT Act is applied in the decision regarding hypertension.

The Veteran's kidney disease, which resulted in a kidney transplant, is found to have started during his military service and has been granted service connection.

The Board has remanded several claims, including those for hypertension, sternum scar, coronary artery disease, chronic anemia, respiratory disorder, and kidney disease. The Veteran's VA treatment records and Social Security Administration (SSA) records are to be obtained.

The Board has determined that additional evidence must be considered before a final decision can be made on the Veteran's claims for service connection.

The Board has remanded the cases for further development and opinion regarding whether the Veteran's heart condition and kidney condition are related to his service-connected hypertension or toxic exposures in Southwest Asia.

The Board has ordered the case to be remanded for further development, including obtaining an addendum opinion from a qualified examiner regarding whether the Veteran's kidney disorder is related to military service or his service-connected disabilities.

The Board has granted restoration of the Veteran's 100% disability rating for diabetic nephropathy and chronic kidney disease with hypertension, effective November 1, 2020. The reduction in rating was improper due to failure to provide detailed reasons for the proposed reduction under 38 C.F.R. § 3.105(e). Additionally, the Board has remanded the issue of entitlement to an increased rating for service-connected diabetic nephropathy and chronic kidney disease with hypertension.