Kidney disease decisions — 2024

The appeal was dismissed due to the Veteran's death while it was pending before the Board of Veterans' Appeals.

The Board finds that the Veteran's request for higher-level review was timely filed, and thus remands the claims for further review.

The Board has denied service connection for lung condition, kidney condition, diabetes mellitus type II, erectile dysfunction (ED), left knee condition, right knee condition, and hypertension.

The Veteran's appeals for earlier effective dates were dismissed due to his death.

The Board has determined that there were duty to assist errors regarding the Veteran's treatment records and VA medical opinion, leading to a remand for further action.

The Veteran's service-connected disabilities, including PTSD, asthma with sleep apnea, chronic kidney disease, and various musculoskeletal conditions, render him unable to perform daily activities without regular aid and attendance. The Board has determined that the criteria for SMC based on need for aid and attendance have been met.

The Veteran's claims for service connection for recurrent kidney disability, liver disability, and skin disability are being remanded due to the need for additional medical examination and consideration of all relevant evidence.

The Board has granted service connection for the Veteran's renal toxicity, finding that his exposure to contaminated waters at Camp Lejeune during his active duty is at least as likely as not related to his current condition.

The Board has granted an effective date of August 10, 2022 for the award of service connection for diabetic nephropathy and hypertension. The decision is based on the liberalizing law provided by the PACT Act which added hypertension to the list of diseases presumed related to exposure to herbicide agents.

The Veteran's lung cancer and renal cysts were denied service connection due to lack of a direct link between the conditions and his in-service exposure at Camp Lejeune.,There was no evidence linking the Veteran's lung cancer or renal cysts to his time stationed at Camp Lejeune.

The reduction in the rating for kidney stones from 20% to noncompensable was improper, and therefore, the restoration of the 20% rating assigned for the Veteran's service-connected kidney stones is granted. The appeal for an initial rating of 70% for PTSD is also granted.

The Board has remanded the claims of service connection for cause of the Veteran's death and dependency and indemnity compensation under 38 U.S.C. § 1318, survivors' pension, and accrued benefits due to a lack of an etiology opinion regarding the relationship between the Veteran's acute myeloid leukemia and his in-service exposure to herbicide agents.

The Veteran's kidney disorder, diagnosed as end-stage renal disease, is related to his in-service exposure to contaminated water at Camp Lejeune. His coronary artery disease and hypertension are also linked to this kidney disorder.

The Board denied the Veteran's request to revise a previous rating decision that reduced his chronic kidney disease disability rating from 80% to 60%. The reduction was based on improvement in laboratory results and absence of symptoms, which were considered evidence of actual improvement under ordinary conditions of life and work.

The Veteran's cause of death is presumed to be related to military service under the PACT Act, which became effective August 10, 2022. Service connection for the cause of death is granted as of that date.

The Veteran's kidney cancer is granted service connection and is presumed to be related to his in-service herbicide exposure in the Republic of Vietnam.

The Board remands the claims for service connection and TDIU due to additional evidentiary development required before adjudication of the merits.

The Board has remanded the claims of service connection for kidney disease, diverticulitis, residuals of an abdominal aortic aneurysm, and eye disability due to new evidence being added to the claim file. The Veteran was requested to provide a waiver for this additional evidence to be considered by the AOJ.

The Veteran's claims for service connection for diabetes, kidney condition, left foot condition, and right foot condition are denied. The claim of service connection for bilateral hearing loss is remanded.,No specific rating assigned or effective date provided.

The Board denied the Veteran's claim for an initial compensable rating for his service-connected chronic kidney disease, finding that the evidence did not support a higher rating based on the consistent findings of an ACR less than 30 mg/g throughout the appeal period.