Kidney disease decisions — 2023

The Veteran's claim for an effective date prior to November 15, 2021, for the award of service connection for chronic kidney disease was denied.,An initial disability rating of 60 percent for chronic kidney disease was granted as of November 15, 2021.

The Veteran's claims for service connection for chronic kidney disease stage 3 with renal mass and erectile dysfunction are remanded due to the VA's failure to verify his exposure to asbestos, ionizing radiation, and polychlorinated biphenyls (PCBS), and obtain necessary medical opinions.

The Veteran's appeals for service connection for a left kidney disability, right hip disability, left hip disability, and right knee disability have been dismissed.,New and material evidence has been presented to reopen claims of service connection for a lumbar spine disability, erectile dysfunction, and psychiatric disability.

The Board has remanded the cases for further development, including obtaining SSA records and any relevant private or VA treatment records.

The Board has remanded the claims for COPD and stage 2 chronic kidney disease due to a procedural error in not considering potential exposure to herbicides while on active duty, including during service in Guam. The Veteran is presumed to have been exposed to Agent Orange. The Board finds there was a duty to assist and correct this error.

The Board has granted service connection for chronic kidney disease, non-obstructive coronary artery disease with congestive heart failure, and diabetes mellitus, type II, all of which are presumed to be related to exposure to contaminated water at Camp Lejeune.,Right leg amputation is not addressed in this decision.

The Veteran's renal dysfunction, including persistent edema and albuminuria with BUN 40 to 80mg%; creatinine 4 to 8mg%, was not severe enough to warrant a rating in excess of the currently assigned ratings.

The Board has determined that the Veteran's kidney disease is proximately attributable to negligence on the part of his treatment providers who continuously prescribed lithium from 1988 to 2005, and thus compensation under 38 U.S.C. § 1151 for kidney disease is granted.

The Veteran's requests to review his claims for service connection for chronic kidney disease and hypertension have been dismissed because the earlier request for higher-level review took precedence, as per VA regulations.

The Veteran's claim for PCAFC benefits is being remanded due to unclear notice and the need for further clarification of eligibility criteria. The VA will provide proper notice, clarify the reason for the denial, and evaluate the Veteran's need for personal care services based on his service-connected conditions.

The Board has remanded the case due to insufficient medical opinion regarding the relationship between the Veteran's kidney cancer and service, specifically his exposure during a toxic exposure risk activity (TERA). The claim will be reconsidered with an updated medical examination.

The Veteran's service connection claims for cancer of the right kidney and skin cancer are granted due to exposure to Agent Orange during his Vietnam service. The Board finds that there is at least as much evidence supporting a link between these conditions and service, thus granting service connection.

The Board denied service connection for lupus, kidney disease, and a skin disorder due to lack of evidence linking these conditions to the Veteran's active duty or to his presumed exposure to herbicides in Vietnam.

The Board has decided to remand the case due to a lack of unit records and morning reports, which could provide more detail about the Veteran's exposure to herbicides. The Veteran served in Korea from May 1967 to June 1968.

The Veteran's hypertension and renal dysfunction have been rated at 30 percent since April 25, 2013. The Board has remanded the case for further development to determine if a higher rating is warranted.

The Veteran's claim for service connection for kidney disease with renal insufficiency and a rating in excess of 20 percent for type 2 diabetes mellitus is being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's kidney cancer is being remanded for a VA examination to determine if it is at least as likely as not related to his chemical exposure at Fort McClellan, Alabama. The PACT Act requires this examination due to the Veteran's service and potential exposure.

The Veteran's claim for service connection for renal failure has been reopened and granted. Service connection is also established for hypertension, but a compensable rating is denied.,An earlier effective date of March 5, 2020, was granted for the award of service connection for hypertension.

The Board has granted service connection for diabetes mellitus, type II and kidney disorder, to include kidney stones, as secondary to the Veteran's service-connected disabilities. Bilateral upper extremity and lower extremity diabetic neuropathy have also been granted as secondary to his now service-connected diabetes mellitus.

The Board has decided to remand the claims for increased rating of prostate cancer residuals and TDIU due to failure to comply with previous remand instructions. The RO must obtain a new VA examination to determine if renal dysfunction was a residual of the Veteran's prostate cancer treatment.