Kidney disease decisions — 2024

The Board has determined that the grant of service connection for kidney cancer was not clearly and unmistakably erroneous, thus restoring service connection.

The Board remands the claims for service connection for liver cancer, hypertensive vascular disease, kidney disease, and upper respiratory disability due to a duty to assist error.

The Veteran's service connection claims for various conditions are remanded due to the need for additional development regarding in-service exposure and continuity of symptoms.

The Veteran's initial claim for a compensable rating for bilateral hearing loss was denied, and his service-connected chronic kidney disease received an initial noncompensable rating.,The Board found that the Veteran's bilateral hearing loss did not meet or approximate the criteria for a compensable rating. The Veteran's chronic kidney disease received an initial noncompensable rating.

The Board denied the Veteran's claim for service connection for a renal disorder, finding that his only diagnosed renal disorder was kidney stones and not diabetic nephropathy. The decision is based on the lack of evidence supporting a current renal disorder other than kidney stones.

The Veteran's claim for an increased disability rating for hypertension was denied, and the Board found that his hypertension did not meet the criteria for a higher rating. The case is remanded to determine if chronic kidney disease is related to service-connected hypertension.

The Board has decided that service connection for plantar fasciitis is denied. The remaining claims of service connection for allergic rhinitis, sinusitis, bronchitis with chronic cough, anxiety, depression, insomnia, headaches, acid reflux with nausea, benign prostatic hyperplasia with voiding dysfunction, kidney stones, cervicalgia, lumbago, sciatica, bilateral carpal tunnel syndrome, bilateral elbow epicondylitis, a left knee condition, and right knee strain are remanded for further development.

The Veteran's lung cancer, presumed to be due to his service in Vietnam and exposure to herbicide agents, was found to have caused the Veteran's death. Service connection for the cause of death is granted.

The Board denied the Veteran's claims for service connection for kidney/renal condition (shunts) and respiratory disability other than obstructive sleep apnea (COPD), finding no new evidence to support these claims, and concluding that there is insufficient competent medical evidence to establish a relationship between any current disabilities and service.

The Board has remanded the claims of service connection for the cause of the Veteran's death and DIC under 38 U.S.C. § 1151 for the cause of the Veteran's death as a result of medical treatment provided by VA due to procedural errors in obtaining medical opinions.

The Veteran's cause of death was due to metastatic renal cancer, which is service-connected. Accrued benefits for diabetes and hypertension are granted, but not for deep vein thrombosis, peripheral neuropathy, liver cancer, obstructive sleep apnea, or depression.

The Board has determined that the appellant does not meet the criteria for a death pension due to her income exceeding the applicable maximum annual pension rate (MAPR).

The Board has found that the Veteran's kidney and respiratory disorders may be related to his service at Camp Lejeune, but further examination is needed to determine if this relationship exists.

The Board has denied the Veteran's claim for service connection for a left ankle disability.,The claims for service connection for gastrointestinal and kidney conditions have been remanded.

The Board has remanded the case due to legal inadequacies in the notification letter and a pre-decisional duty-to-assist error, as well as an inadequate medical decision regarding eligibility for higher-level PCAFC benefits.

The Board has remanded the claims for diabetes mellitus, kidney disease, gynecological disorder with infections due to pregnancy, back disability, right hip disability, and left hip disability due to inadequate medical opinions and failure to obtain a VA examination.

The Veteran's neoplasm of the kidney is rated at 100% from August 10, 2022 to February 23, 2023. The case is remanded for further development regarding service connection for chronic kidney disease and rating for residuals of neoplasm of the kidney.

The Veteran's appeals for service connection and increased ratings have been dismissed. The Board has also remanded the claims for a compensable rating prior to June 10, 2020, for chronic headaches and a rating in excess of 30 percent for digestive disabilities.

The Veteran's kidney disability is granted as secondary to his service-connected hypertension disability.

The Board remands the issues of entitlement to increased evaluations for service-connected hypertension and diabetes mellitus, as well as earlier effective dates for these ratings and for the award of service connection for chronic renal disease.