Kidney disease decisions — 2023

The Veteran's claim for increased ratings for his service-connected renal cell carcinoma status-post right radical laparoscopic nephrectomy and associated residual scars was denied. The current disability rating of 60 percent for the kidney condition is appropriate, but no higher due to lack of evidence supporting a higher rating based on persistent edema or albuminuria with specific BUN/creatinine levels.

The Veteran's claims for service connection for chronic kidney disease and obstructive sleep apnea are remanded due to the need for additional medical opinions regarding the relationship between his current conditions and in-service exposure.

The Board has remanded the claims of service connection for endocarditis, lung cancer, diabetes mellitus, renal condition, bilateral lower extremity condition, bilateral eye condition, and osteoporosis due to unresolved medical issues and lack of a VA examination.

The Board granted service connection for Type II Diabetes Mellitus, Hypertension, and Kidney Disease due to exposure to herbicide agents during active duty in Guam. The effective date is not specified as it falls under the PACT Act's presumptive exposure period.

The Board has remanded the claims for additional development due to insufficient medical opinions regarding the etiology of various disabilities, including fatigue, back, right shoulder, cold injury, thyroid, and kidney conditions. The Veteran's service connection claims are not granted as there is no persuasive medical evidence of current disability or causation.

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's kidney disability is caused or aggravated by his service-connected diabetes mellitus.

The Board has remanded the claims for service connection for various conditions including kidney disability, hypertension, heart disability (cardiomyopathy), skin disability (swollen lymph nodes), and recurrent headache disability. The Veteran is also seeking TDIU based on these disabilities.

The Board denied the Veteran's claim for service connection for his cause of death, finding insufficient evidence to establish full-body exposure to mustard gas during service and no medical link between the Veteran's causes of death and mustard gas exposure.

The Veteran's appeal for restoration of the 100% rating for prostate cancer was denied. A 40% rating for residuals of prostate cancer from May 1, 2018 is granted. The Veteran is also granted TDIU effective May 1, 2018.

The Veteran's left toe disability is found to be etiologically related to an injury during active service.,The Veteran's kidney stones are not considered to have been aggravated by his military service.

The Board has decided to remand the case due to insufficient medical opinions regarding the cause of death and whether service-connected PTSD contributed to the Veteran's death. The VA needs to obtain an addendum opinion from a qualified examiner.

The Veteran's hypertension is granted as a presumptive condition due to Agent Orange exposure under the PACT Act. Service connection for chronic renal disease secondary to hypertension is also granted. However, service connection for hypertension on any other basis remains pending and requires further examination.

The Board has dismissed the Veteran's appeals for service connection for kidney cancer and liver cancer due to a withdrawal request by the Veteran's authorized representative.

The Veteran's claim for service connection for renal disease and an acquired psychiatric disability was reopened, but both claims were denied due to lack of evidence linking the conditions to service.

The Board has remanded the claims for bilateral hearing loss, tinnitus, Type II diabetes mellitus (claimed as due to herbicide exposure), and a kidney disability (including tumor) due to potential errors in the audiometric evaluations and service connection determinations.

The Board has remanded the case for further development regarding asbestos exposure in service and to determine if any causes of death were related to such exposure. The Veteran's cause of death was listed as metastatic colorectal cancer, but there are other cancers that may be related to asbestos exposure.

The Veteran's diabetes mellitus with nephropathy and erectile dysfunction required more than one daily injection of insulin, restricted diet, and regulation of activities prior to January 25, 2021. The Board has remanded the issues related to a respiratory disorder secondary to his service-connected conditions.

The Board has remanded the claims of service connection for bilateral hearing loss, tinnitus, type 2 diabetes mellitus, chronic kidney disease, respiratory disability, peripheral circulatory disorder, right lower extremity neurological impairment, and left lower extremity neurological impairment due to inextricably intertwined issues remaining on appeal.

The Board has dismissed the Veteran's appeals for service connection for a vision condition, epididymitis, and kidney stones due to their withdrawal by the Veteran's representative. The appeal for service connection for an acquired psychiatric disorder is remanded.

The Board has remanded the cases of kidney (renal) cancer, liver cancer, and breast cancer for additional efforts to verify periods of Active Duty for Training (ACDUTRA) and an addendum opinion regarding possible exposures in service.