Kidney disease decisions — 2024

The Board denied a TDIU based on a single service-connected disability, finding that the Veteran's combined service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's kidney cancer with unexplained weight loss is granted as a result of the PACT Act, but the portion prior to August 10, 2022, is remanded for further examination.

The Veteran's appeal for an initial compensable rating for hypertension is denied, and the issue of service connection for kidney failure as secondary to hypertension is dismissed.

The Veteran withdrew his appeals for initial increased ratings for PTSD, OSA, and chronic kidney disease. The issues are dismissed as a result.

The Veteran's claim for an effective date prior to September 7, 2020, for the grant of service connection for a kidney disability was denied.,The Veteran's claims for initial evaluations in excess of 10 percent for left index finger and long finger disabilities were both denied.,The Veteran's claim for an evaluation in excess of 10 percent for tinnitus was also denied.

The Board has determined that new and relevant evidence has been received to warrant readjudication of the Veteran's claims for service connection for a lumbar spine disorder and a kidney disorder. The claims are being remanded for further examination.

The Board has granted the Veteran's claim for service connection for renal cell carcinoma status post left nephrectomy, finding that his condition is directly related to exposure to carcinogens during his military service at MCAS Yuma.

The Board granted service connection for hypertension under the PACT Act and remanded other claims for further development.

The Board granted earlier effective dates for service connection and initial ratings for various disabilities, including diabetes mellitus type II, bilateral knee amputation with peripheral vascular disease, chronic microvascular ischemia, chronic kidney disease, diabetic peripheral neuropathy, erectile dysfunction, and bilateral diabetic retinopathy.

The Board has decided to remand the case due to a duty to assist error and the need for an opinion regarding whether the Veteran's nephrolithiasis is related to his service-connected hypertension or exposure to toxins in the Southwest Asia theater of operations.

The Veteran's claim for service connection for loss of kidney due to bladder cancer was not filed before his death, so the issue is dismissed.

The Veteran's kidney disease has resolved, and the evidence does not meet the criteria for an initial rating in excess of 60 percent.

The Veteran's kidney disorder, including bilateral renal cysts, chronic kidney disease, right kidney atrophy, and acute or chronic renal failure, is remanded due to a pre-decisional duty to assist error regarding the date and location of his reported kidney surgery in 1996 or 1997. The AOJ will consider any additional evidence when readjudicating the claim.

The Board granted service connection for chronic kidney disease based on the evidence showing that the Veteran's current disability had its onset in service.

The Board has remanded the issues of service connection for kidney cancer, diabetes mellitus type II as secondary to morbid obesity and kidney cancer, and obstructive sleep apnea as secondary to morbid obesity due to the need for further development. The Veteran's claims are not supported by evidence that his conditions were caused or aggravated by his service-connected disabilities.

The Veteran's claims for service connection for a lung disorder and renal failure due to presumed in-service herbicide exposure were denied. The claim for prostate disorder is remanded.,Service connection was not granted for the Veteran's lung disorder, renal failure, or prostate disorder as these conditions are deemed unrelated to presumed in-service herbicide exposure.

The Board has remanded all service connection claims for accrued benefits purposes due to a failure to obtain relevant medical records and associate them with the claims file.

The Veteran's left lower extremity varicose veins are now rated at 60 percent, effective December 8, 2018. The right lower extremity varicose veins remain rated at 40 percent. Service connection for coronary artery disease and kidney disease is denied.

The Veteran's hypertension is granted as service connected. The Board has also remanded the issues of service connection for stroke residuals and kidney disability due to Gulf War exposure.,Service connection for stroke residuals and kidney disability are remanded due to potential Gulf War exposure, with a request for VA medical opinions.

The Veteran's claims for service connection are being remanded due to the need for additional VA examinations and medical opinions. The issues of aid and attendance are also being remanded as they are inextricably intertwined with the service connection issues.