Kidney disease decisions — 2024

Service connection for benign paroxysmal positional vertigo and chronic bronchitis is granted.,The Veteran's allergic rhinitis, nephrolithiasis (renal calculi), diverticulitis, and colon polyps are not entitled to increased ratings.

Your service connection claims for lung cancer and residual scars, status post-surgery for bladder and right renal cancer have already been granted. The appeals are dismissed as the benefits were fully awarded.

The Board has remanded the claims of service connection for diabetes mellitus and kidney failure due to pre-decisional duty to assist errors. The Veteran's theories of entitlement include exposure to toxic chemicals, experimental immunization, and Agent Orange exposure.

The Veteran's initial ratings for chronic kidney disease (60%) and cervical spine disability (30%) have been denied as the evidence does not meet the criteria for a higher rating under applicable VA regulations.

The Veteran seeks service connection for a left renal cyst, claimed as a kidney condition due to the use of NSAIDs taken for his service-connected disabilities. The Board denied this claim in August 2023 and remanded it due to an error in notifying him of his right to a hearing before the AOJ.

The Veteran's service-connected panic disorder without agoraphobia alone prevents him from securing or maintaining substantially gainful employment, and he is entitled to a total disability rating based on individual unemployability (TDIU) effective April 27, 2009. Additionally, the Veteran has additional service-connected disabilities independently rated at 60 percent or more, qualifying him for special monthly compensation (SMC) at the housebound rate.

The Board has decided to remand the claim for service connection for chronic kidney disease due to procedural errors and the need for further verification of the Appellant's periods of active duty, including ACDUTRA and INACDUTRA. The Board also requires a new VA examination to determine if any diagnosed kidney condition had its clinical onset during qualifying periods of active military service or is related to any in-service disease, event, or injury.

The Veteran's claim for service connection for an adrenal adenoma is being remanded due to a duty to assist error. The AOJ needs to request complete copies of the treatment records submitted by the Veteran and obtain authorization from him to release these records.

The Veteran's chronic kidney disease has been rated at 100 percent due to the need for regular routine dialysis.

The Board has denied the Veteran's claims for service connection for left ankle and left shoulder conditions due to a lack of current diagnoses. The Veteran's bilateral hearing loss claim is remanded as there was an inadequate pre-decisional medical opinion based on in-service audiograms only.,The Veteran's chronic renal insufficiency claim is remanded as the PACT Act requires additional procedural rights, including review of the Individual Longitudinal Exposure Record (ILER) and toxic exposure examination.

The Veteran's sleep apnea is service-connected.,His hypertension, which was also service-connected, is considered secondary to his PTSD and sleep apnea. His chronic kidney disease, which is also service-connected, is considered secondary to his hypertension.

The Veteran's tinnitus is granted as service connected. Service connection for kidney disease to include hydronephrosis and prostatitis is denied.

The Veteran's death was not service-connected as the cause of death due to cardiorespiratory arrest, acute hypoxemic respiratory failure from COVID-19. The VA medical care provided did not meet fault or foreseeability criteria.

The appeals for service connection for hypertension and chronic kidney disease are dismissed because the Veteran's notices of disagreement were not timely filed.

The Veteran's kidney cancer is presumed to be related to his exposure to burn pits and other toxins while serving in Afghanistan during the Gulf War. This issue is granted pursuant to the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act).

The Board denied service connection for left upper extremity diabetic neuropathy, bilateral hearing loss, and kidney disability due to lack of a current diagnosis and no causal relationship between the disabilities and service.

The Board has determined that the Veteran does not have current diagnoses of osteomalacia and renal tubular disease, which are necessary for service connection. The evidence does not support a finding that these conditions began during or are related to his military service.

The Board denied the claim for service connection for the cause of death due to hepatitis C, finding that there is no evidence linking the causes of death to service.

The Veteran's appeal for an increased rating and a reduction in his disability rating is dismissed due to the appellant's withdrawal of the appeal.

The Veteran's pes planus (flat feet) and kidney problem are remanded for further evaluation. The pes planus claim is related to service, while the kidney problem requires a VA examination to determine its etiology due to exposure at Camp Lejeune.