Kidney disease decisions — 2023

The Veteran's appeals for service connection on multiple conditions have been remanded due to the legacy appeal system not being opted into the modernized review system.

The Board has remanded the case due to insufficient medical evidence linking the Veteran's in-service exposure to chemicals with his cause of death. The Appellant is seeking service connection for the cause of death, which requires a determination on whether the Veteran's chemical exposure caused his kidney problems.

The Board has granted service connection for GERD and denied service connection for all other conditions, including lung disability, upper extremity disorders, lower extremity peripheral neuropathies, kidney stones, benign prostate hypertrophy, low back disorder, hip disorders, and knee disorders. The Veteran's claims are based on presumed exposure to herbicide agents in Vietnam.

The Board has determined that the Veteran's renal cell carcinoma is not related to his service, including exposure to herbicide agents or tetracycline and conjunctivitis. The evidence does not support a finding of direct service connection.

The Board has remanded the claims for service connection for prostate cancer, diabetes mellitus type II, kidney cancer, and erectile dysfunction as secondary to service-connected coronary artery disease due to lack of substantial compliance with previous remand directives.

The Veteran's application to reopen his claim for service connection for type II diabetes mellitus has been granted. The claims for erectile dysfunction and impotence, sleep apnea, renal failure, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity are remanded due to insufficient evidence regarding in-service exposure to herbicide agents.

The Veteran's depressive disorder, right inguinal hernia, and kidney stones are all found to be related to his service-connected disabilities. The Board has granted the Veteran's claims for these conditions.

The Board has determined that further development is needed to confirm the Veteran's service aboard vessels in Guam, which could potentially grant presumptive service connection for his death due to Agent Orange exposure. The case is being remanded for this purpose.

The Board has determined that the Veteran's kidney condition, diagnosed as infrarenal aneurysms status post endovascular grafts with bi-renal artery thrombosis with infarcts, does not have a direct service connection. The case is remanded for further development.

The Veteran's claim for service connection for gout, including as secondary to his kidney condition, has been granted. The Board found that the Veteran's gout is a complication of his service-connected end stage kidney disease and focal segmental glomerulosclerosis with hypertension.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, a bilateral eye condition, a left shoulder condition, a left arm condition, a bilateral hip condition, vertigo, and kidney stones. The evidence does not support a finding that these conditions are related to military service.

The Veteran's acquired psychiatric disability, including PTSD and insomnia, obstructive sleep apnea, diabetes mellitus type II, and renal disability (chronic renal insufficiency) are all granted as they are presumed to be related to his in-service exposure to herbicides. The effective date is not specified.

The Veteran's death was not caused by a service-connected disability, and there is no accrued benefits or survivor's pension due. The appeal for survivor's pension is remanded to allow the AOJ to resend development letters.

The Board has remanded the claims for service connection for kidney disorder, bilateral hearing loss, bilateral eye disorder, and prostate cancer due to incomplete records.

The Veteran's end-stage kidney disease was not caused by VA care, and the Board found that VA did not cause additional disability.

The Veteran's polycystic kidney disease is not shown to result in any impairment warranting a compensable rating under the current VA rating criteria.

The Veteran's initial rating for CAD with renal insufficiency was denied prior to November 9, 2018. From November 9, 2018 to December 3, 2018, a 100% rating was granted. The Veteran is also entitled to a TDIU based on his service-connected heart and kidney conditions.

The Board has remanded the cases due to insufficient evidence regarding the Veteran's exposure to chemicals in service and the medical probability of his current disabilities being related to those exposures.

The Board has ordered a remand to obtain an aggravation opinion regarding the Veteran's kidney condition and its relation to service-connected hypertension.