Kidney disease decisions — 2023

The Veteran's service connection claims for asbestosis, low back disability, radiculopathy of the left lower extremity, bladder cancer, kidney cancer, prostate cancer, and lung nodules are all denied. The Veteran's service connection claim for a low back disability is granted.

The Board denied compensation under 38 U.S.C. § 1151 for kidney damage and left knee disability, finding that the proximate cause of these disabilities was not due to carelessness, negligence, lack of proper skill, error in judgment or other instance of fault on the part of VA.

The Veteran's kidney condition, including diabetic nephropathy, is granted as service connected. The Board found that the evidence was approximately balanced in favor of finding a link between the current condition and military service.

The Veteran's death benefits are being reviewed, including the disbursement of compensation owed at his time of death and a higher level of DIC benefits. The VA is required to conduct an audit of all funds due and paid to the Veteran and his fiduciary from January 2014 onwards. The appellant's claims for earlier effective dates for service connection are also being considered.

The Board dismissed all issues related to the Veteran's claims for service connection due to his death.

The Board has granted service connection for kidney cancer, finding that the evidence is in equipoise as to whether the Veteran's exposure to contaminated water at Camp Lejeune caused his kidney cancer. The decision also acknowledges that the Veteran was not presumed exposed due to his service at Camp Lejeune.

The Board has dismissed all appeals as the Veteran died during the pendency of the appeal.

The Board has remanded the claims for service connection for a parathyroid disorder and kidney disorder, both secondary to service-connected conditions. The Veteran's current diagnoses of these disorders must be addressed with new VA medical opinions.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's kidney cancer is related to his presumed exposure to Agent Orange during service. The RO must obtain additional medical records from the James A. Haley VAMC and provide the Veteran with an opportunity to submit any supporting evidence.

The Board denied the Veteran's claim for payment or reimbursement of medical services received at Erlanger Hospital in Chattanooga, Tennessee on December 16, 2011 due to lack of pre-authorization and failure to meet the criteria for a medical emergency.

The Board has remanded the case due to insufficient information regarding residuals or complications of the Veteran's 1972 splenectomy. The examiner needs to identify any such findings and determine if they are related to service.

The Board dismissed all claims related to the Veteran's upper extremity peripheral neuropathy, lower extremity PN of the sciatic and femoral nerves, chronic renal disease, and diabetic retinopathy. The Veteran withdrew his appeals for these issues during a hearing before the Board.

The Veteran's RCC is remanded for clarification of the basis for exposure to contaminants at Camp Lejeune and causation.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking his causes of death to any service-connected disability or exposure to toxic chemicals.

The Veteran's hypertension, erectile dysfunction, and renal insufficiency are granted service connection. The Veteran is awarded a 30 percent initial rating for right knee DJD prior to June 8, 2017, but the issue of an increased rating since that date remains pending.

The Board has remanded the Veteran's claims for service connection for heart, carotid artery, kidney, and bladder disorders due to presumed exposure to contaminated water at Camp Lejeune. The claims are pending further development.

The Veteran's kidney transplant rating was reduced from 100% to 30%, effective May 1, 2015. The reduction is upheld as the current condition does not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for cervical spine, lumbar spine, and bilateral kidney disabilities due to in-service injuries. Additional medical records are needed to determine the nature and etiology of these conditions.

The Board has remanded the Veteran's claims for HIV, left leg and foot peripheral neuropathy, tinnitus, hypertension, acquired psychiatric disorder, kidney disorder, right arm, left arm, right hand, left hand, right leg, and right foot peripheral neuropathy due to new evidence of service connection being reopened. The VA is instructed to schedule examinations and obtain medical opinions regarding the etiology of these conditions.

The Veteran's claims for service connection for a deviated nasal septum, ureterolithiasis (kidney stones), and migraines have been denied. The effective date of the grant of service connection for migraines has been set at January 4, 2017. The Veteran's issues with tinea pedis, tinea corporis, migraines, and adjustment disorder with depressed mood are remanded for further evaluation.