Kidney disease decisions — 2023

The Board has remanded several issues related to the Veteran's service connection claims, including earlier effective dates for certain scars and sleep apnea. The claim for high cholesterol was denied as it is not a recognized disability for VA benefits purposes.

The Veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of this appeal.

The Board denied the Veteran's claims for service connection for various conditions, including gastritis, diverticulosis, TMJ, headaches, hypertension, kidney cyst, and gout of the left knee. The reasons given were that there was no evidence linking these conditions to his military service.

The Veteran's hypertension is granted as presumptively related to herbicide exposure under the PACT Act.,Stage 4 kidney failure and congestive heart failure are both granted as secondary to service-connected hypertension.

The Board has determined that additional development is needed for the Veteran's claims of service connection for various conditions, including ischemic heart disease, diabetes, bladder cancer, renal cell carcinoma, and peripheral neuropathy. The development required includes verifying potential exposure to herbicides (Agent Orange) and non-ionizing radiation while serving at Clear Air Force Station in Alaska, as well as possible exposure to PFAS during periods of Active Duty for Training (ACDUTRA) at Fort Chaffee.

The Board has remanded the claims for service connection due to conflicting opinions and the need for additional medical examination.

The Veteran's hypertension is related to exposure to herbicide agents during service in the Republic of Vietnam. Service connection for hypertension is granted pursuant to the PACT Act.

The Board has remanded the cases of diabetes mellitus, kidney disease, and related issues due to incomplete opinions regarding service connection. The effective dates for the grants of service connection for right shoulder impingement, left wrist osteoarthritis, and a left wrist scar are also being remanded.

The Veteran's chronic kidney disease is granted as secondary to medication prescribed for anxiety symptoms manifested by reflux due to service-connected posttraumatic stress disorder (PTSD). The issue of SMC at the housebound rate is remanded.

The Board has granted service connection for lung cancer due to herbicide exposure, but remanded the issue of kidney cancer.

The Veteran's claim for an earlier effective date for chronic kidney disease is denied as there was no communication received by VA that can be construed as an informal or formal claim prior to February 28, 2011.,The Veteran's claim for an earlier effective date for GERD is denied as the evidence submitted between August 26, 2002 and April 10, 2013 was not relevant to his GERD claim.

The Veteran's service connection claims for coronary artery disease, diabetes mellitus type 2, and related peripheral neuropathy and diabetic nephropathy (end-stage renal disease) and diabetic retinopathy have all been granted. The PACT Act presumption of herbicide exposure is not applicable to these conditions.

The Board has remanded the Veteran's claims for service connection due to outstanding records and the need for nexus opinions regarding his psychiatric disorder, DM, renal disorder, prostate cancer, and ED. The claims are related to exposure at Camp Lejeune.

The Veteran's appeal for service connection and compensation for various conditions resulting from VA medical treatment has been dismissed due to his withdrawal of the appeals.,The claims have been reopened, but no new evidence was provided.

The appeals are dismissed as the Veteran has died, and no service connection is granted for renal cell carcinoma or a low back disability.

The Board has granted service connection for kidney cancer due to herbicide exposure in Vietnam, finding that the Veteran's condition is at least as likely as not related to his military service.

The Veteran's claims of entitlement to service connection for a kidney disorder and erectile dysfunction were denied as there was no evidence linking these conditions to his active service, including exposure to contaminated water at Camp Lejeune. The Board found that the claimed disabilities are not related to his military service.

The Board has granted service connection for hypertension, heart disease, and chronic kidney disease as secondary to the Veteran's service-connected PTSD with alcohol abuse.

The Board has remanded the claims for service connection for coronary artery disease and compensation under 38 U.S.C. § 1151 for chronic kidney disease stage III (claimed as kidney failure due to VA malfeasance/nonfeasance and kidney cancer due to VA not meeting standards of medical care).

The Board has decided to remand the DIC claim due to a need for further development, specifically obtaining a VA medical opinion regarding the cause of the Veteran's death and whether his kidney cancer is related to service, including presumed exposure to herbicide agents.