Kidney disease decisions — 2024

The Board has granted service connection for chronic kidney disease and stroke as secondary to the Veteran's service-connected hypertension, with a rating of 50%.

The Veteran's claims for service connection for hypertension, kidney disease, and diabetes type 2 have been granted. However, the claims for kidney disease and diabetes type 2 were denied as there is no evidence of in-service exposure or a relationship to service.

The Board has remanded the Veteran's claims for HIV, diabetes mellitus, type II, a heart condition, a kidney condition, a back disability, and bilateral hip disability due to inadequate development under the Appeals Modernization Act (AMA) and potential need for compliance with the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act).

The Veteran's claims for increased ratings and TDIU are being remanded due to the failure to schedule VA examinations in Panama or Florida, where he was residing at the time. The AOJ must reschedule these exams and address the functional effects of his service-connected disabilities on his employment.

The Veteran's service connection claims for various conditions are being remanded due to incomplete STRs and inadequate VA examination.

The Veteran's appeal for service connection on the issues of benign prostatic hyperplasia, bilateral hearing loss, tinnitus, dermatitis, and bilateral foot callus and pain was dismissed due to his withdrawal from appeal. The claim of service connection for kidney disability is remanded.

The Veteran's service-connected disabilities do not meet the criteria for an allowance for automobile or other conveyance and adaptive equipment, as they do not result in physical loss of use of hands or feet, permanent impairment of vision, severe burn injury, or ALS.

The Veteran's claims for service connection for tinnitus, left hand disorder (including thumb), right arm disorder, back disorder, sinus disorder, and Hepatitis C have all been denied. The Board found no evidence of a current disability or in-service event that would support these claims.

The Veteran's service-connected conditions, including renal cell carcinoma, GERD, and hypertension, have been granted. The effective dates for these grants are August 10, 2022.

The Veteran's diabetic nephropathy is currently rated as 60 percent disabling, and a separate rating for kidney stones is granted. The criteria for an initial higher rating for diabetic nephropathy are not met.

The Veteran's claim for a kidney disability has been dismissed due to their death during the appeal process.

The Board has determined that the Veteran's death was caused by his exposure to contaminated water at Camp Lejeune, which contributed to his chronic kidney disease. The evidence is in equipoise as to whether this relationship exists.

The Board has denied the Veteran's claims for service connection for kidney disease, allergic rhinitis (claimed as respiratory condition), peripheral neuropathy of right lower extremity, and peripheral neuropathy of left lower extremity all secondary to his kidney disease. The evidence does not support a causal relationship between these conditions and military service.

The Board has remanded the claims of service connection for neoplasm of the kidney and an acquired psychiatric disorder, including PTSD and major depressive disorder due to a duty to assist error. The Veteran's exposure during service is presumed to include burn pit exposure.

The Veteran's cause of death, end stage renal disease, is being remanded due to the lack of verification if his service in Vietnam exposed him to herbicide agents. The Board will attempt to verify the USS Mullinix's position during the relevant period.

The Board found no evidence to support service connection for the Veteran's kidney condition, including as due to herbicide exposure or secondary to his service-connected hypertension and type II diabetes mellitus with erectile dysfunction and micro aneurysm with diabetic retinopathy of the left eye. The examiner opined that there is no causal link between the Veteran's benign neoplasm of the kidney and his in-service exposure to herbicides.

The Board has determined that the Veteran's death was caused by his exposure to herbicide agents in active service, and he had current disabilities of cardiac pulmonary arrest, cirrhosis, acute kidney disease, and portal hypertension. The Board found that these conditions were as likely as not caused by exposure to herbicide agents in active service and contributed substantially or materially to the Veteran's death.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation, as his inability to work is due to non-service connected conditions.

The Veteran's claims for service connection for a kidney disorder and an initial rating in excess of 10 percent for residuals of a traumatic brain injury (TBI) are remanded due to the need for additional medical opinions and consideration of VA treatment records.

The Veteran's bilateral hearing loss is currently rated as noncompensable. The Board has remanded the case for further development and an examination to determine if a higher rating is warranted.,The Veteran's chronic kidney disease, Stage 3B, was not evaluated by VA due to lack of records from his civilian provider. The AOJ must obtain these records and provide the Veteran with a VA examination to determine if he should be granted service connection for this condition.,VA provided an inadequate opinion regarding the etiology of the Veteran's obstructive sleep apnea as it did not consider herbicide exposure in Vietnam, which is a TERA. The AOJ must obtain a new VA examination and provide an adequate opinion based on the Veteran's exposure to herbicides.