Kidney disease decisions — 2024

The Board has decided to remand the case due to a need for a VA examination and medical opinion regarding the Veteran's service connection claim for kidney cancer, status post right nephrectomy. The examiner is required to address whether there is a relationship between the Veteran's diagnosed renal cell carcinoma and his in-service exposure to herbicide agents.

The Veteran's kidney cancer and left nephrectomy are remanded due to the PACT Act requiring a VA examination for toxic exposure. The examiner must determine if the cancer is related to service, especially Agent Orange exposure, and whether it is secondary to his service-connected prostate cancer.

The Veteran's TDIU was denied an earlier effective date, as the Board found that the earliest relevant period for consideration of a TDIU is October 1, 2021.,SMC based on housebound status was also denied an earlier effective date, as there were no additional service-connected disabilities rated at least 60% prior to January 31, 2023.

The Veteran's kidney disorder is remanded for a VA examination to determine its etiology. The lumbar spine disability and TDIU claims are also remanded due to the need for additional medical opinions regarding the nature and severity of the disabilities.

The Veteran's claims for increased ratings and effective dates have been denied. The Board found that there were no earlier non-final applications for service connection, and thus an effective date prior to August 10, 2022, could not be granted.

The Veteran's claims for type II diabetes mellitus, heart disability, and kidney disability have been denied as there is no credible evidence of their onset during service.,For tension headaches, the Veteran has a current rating of 50 percent based on very frequent completely prostrating attacks.

The Board has granted service connection for diabetes mellitus, hypertension, erectile dysfunction secondary to DM, right and left lower extremity diabetic peripheral neuropathy, and chronic kidney disease on a presumptive basis due to exposure to herbicide agents in Guam under the PACT Act.

The Board has remanded the case due to a duty-to-assist error and the need for an additional VA medical opinion regarding the cause of death.

The Board has remanded the claims for service connection for a sinus disorder, kidney disorder, and cystitis due to inadequate medical opinions based on the absence of in-service diagnoses or complaints. The Veteran is required to undergo VA examinations to determine the etiology of these conditions.

The Veteran's claims for higher ratings for deep vein thrombosis of the left upper extremity and a kidney disorder, as well as his TDIU claim, are being remanded due to duty-to-assist errors. The AOJ must obtain relevant VA treatment records from Riverside Doctors' Hospital and readjudicate the issues on appeal.

The Board has granted the Veteran's claim for service connection of chronic kidney disease as secondary to his service-connected hypertension.

The Veteran's tinnitus is granted as service-connected due to in-service noise exposure.,Service connection for an acquired psychiatric disorder (claimed as PTSD) is denied because there is no evidence of a current disability or symptoms during the appeal period.

The Board has granted earlier effective dates for service connection of chronic kidney disease and peripheral neuropathy in the Veteran's case, but has remanded the cases for further development regarding earlier effective dates for other conditions.

The Board has granted service connection for hypertension under the PACT Act, but has remanded the cases of hypertension and kidney cancer residuals due to a lack of VA opinions addressing direct service connection.

The Veteran's appeal for service connection on multiple conditions has been dismissed due to his death.

The Board has decided to remand the issue of service connection for kidney cancer due to new evidence received in April 2021 regarding Camp Lejeune. The Veteran's representative and VA have provided information, but additional development is needed, including obtaining records from the appropriate entity about the Veteran's exposure at Camp Lejeune.

The Veteran's chronic kidney disease with diabetic nephropathy has not met the criteria for a compensable rating during the appeal period, as his GFR was consistently above 60 mL/min/1.73 m2 and he did not exhibit any of the specified symptoms or conditions.

The Veteran's low back disability, diagnosed as degenerative disc disease/IVDS, is granted. The appeal for a TDIU based on PTSD and other service-connected conditions is dismissed due to procedural issues.

The Veteran withdrew his appeal for all issues related to hypertension, cervical spine disability, right shoulder disability, left shoulder disability, and chronic kidney condition.

The Board has granted service connection for a right shoulder condition and a kidney condition, finding that the Veteran's conditions are related to his military service.,For the right shoulder condition, the Board found that the Veteran's current diagnosis of degenerative arthritis is related to his in-service injury. For the kidney condition, the Board determined that exposure to contaminated water at Camp Lejeune likely caused the Veteran's chronic kidney disease.