Kidney disease decisions — 2023

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations, development of records, and consideration of his TDIU claim. The issues include PTSD, urinary tract infection, splenomegaly, kidney stones, headaches (including TBI), fatigue, muscle and joint pain, respiratory disability, neurological disability, and TDIU.

The Veteran's chronic kidney disease did not meet the criteria for a compensable rating prior to January 28, 2019. From January 28, 2019, it was rated greater than 60 percent.,For his right total knee replacement, the Veteran's disability remained at 10 percent prior to November 11, 2021 and was remanded for a higher rating from May 1, 2022.

The Board has remanded several issues related to the Veteran's service-connected disabilities, including ratings for various knee conditions and other musculoskeletal disorders. The Veteran is required to provide additional medical records from private providers that have been scanned into VISTA imaging system.

The Veteran's cause of death, renal failure, anorexia, and metastatic squamous cell cancer is found to be related to his service-connected knee disabilities.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for right ureter removal and associated residuals, as well as right kidney removal and associated residuals, are being remanded due to the need for additional development regarding informed consent.

The Board has remanded the claims of service connection for asbestos related pleural disease, hypertension (secondary to asbestos related pleural disease), and chronic kidney disease (secondary to hypertension) due to incomplete development and lack of substantial compliance with previous remand directives.

The Board denied service connection for the cause of the Veteran's death, finding that his death was not caused by or related to service, including in-service Agent Orange exposure. The Veteran's service-connected disabilities did not contribute substantially or materially to his death.

The Board has determined that the Veteran's prescribed Quetiapine, used to treat his service-connected PTSD, caused him to fall and subsequently fracture his hip, leading to his death. Therefore, the claim for service connection for the cause of death is granted.

The Veteran's cause of death, acute myocardial infarction due to chronic kidney failure on hemodialysis, was not service-connected. The Board found no evidence linking the heart or kidney issues to his active duty service.

The Board has granted service connection for renal failure syndrome, finding that the evidence is at least evenly balanced in favor of the Veteran's claim. The decision concludes that the Veteran's current renal failure syndrome is related to his in-service kidney symptoms.

The Board denied service connection for chronic kidney stones on a direct or presumptive basis, finding no evidence of a nexus to service. The secondary claim was remanded.

The Board has remanded the claims for hypertension, chronic renal disease, and ischemic heart disease with hypertensive cardiovascular disease due to service-connected PTSD. The Veteran's hypertension is being reviewed again for a medical opinion regarding whether it was caused or aggravated by his service-connected PTSD.

The Board has remanded the claims of service connection for bilateral hearing loss and chronic kidney disease due to non-compliance with previous remand directives. The claims are being returned for further development.

The Board denied the Veteran's claims of service connection for right ankle fracture distal tibia and remanded his claims for initial compensable ratings for nephrolithiasis/kidney stones, degenerative joint disease, lumbar spine, bicipital tendon tear, right, and right knee osteoarthritis.

The Veteran's claims for service connection have been reopened, but the issues of mental health disorder (including PTSD and depressive disorder), hypertension, diabetes mellitus, kidney stone condition, right knee disability, left knee disability, osteoarthritis of the cervical spine associated with ankylosing spondylitis, and left hip condition are remanded due to insufficient evidence.

The Veteran's service connection claim for an undiagnosed illness characterized by pain in the area of her kidneys is granted, as it meets the criteria under 38 U.S.C. § 1117 and 38 C.F.R. § 3.317.

The Veteran's lung cancer and renal cysts are being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's service-connected disabilities rendered him so helpless as to require the regular aid and attendance of another person, leading to a grant of special monthly compensation (SMC) based on need for aid and attendance.

The Board has remanded the cases of residuals of kidney cancer, residuals of a head laceration, COPD, and OSA for further development due to outstanding service treatment records.

The Veteran's service connection claims for various conditions were denied as new and material evidence was not received to reopen the claims, and the current diagnoses are not related to his active duty service.