Kidney disease decisions — 2024

The Board has decided to remand the claims for left and right foot disabilities, left and right knee disabilities, and kidney disability due to incomplete development of service connection.

The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's kidney cancer and his service, specifically related to herbicide exposure. The Veteran will need a VA examination to determine if there is a link between his condition and in-service exposure.

The Board has determined that the AOJ failed to properly develop the Veteran's claim for service connection for his cause of death and toxic exposure during service at MCAS Cherry Point. The case is being remanded to obtain an Individual Longitudinal Exposure Record (ILER) and a Toxic Exposure Risk Activity (TERA) opinion.

The Veteran's death was caused by diabetes mellitus type II, which is service-connected. The Board found that the service-connected diabetes was the principal cause of his death.

The Board has remanded the Veteran's claims for increased disability evaluations for ureterolithiasis kidney stone and May-Thurner syndrome, DVT, left common femoral vein due to inadequate examination findings. The Veteran will be provided with a new VA examination to determine the current severity of her service-connected conditions.

The Board denied the Veteran's claim for service connection for renal cell carcinoma, finding that there is not an approximate balance of positive and negative evidence to support a finding that his condition was related to service or secondary to his service-connected hypertension.

The Veteran's claims for service connection for kidney stones and seborrheic dermatitis are being remanded due to the need for additional medical examinations.

The Veteran's death was not due to a service-connected disability, and none of his service-connected conditions were significant contributors to his death. The Veteran did not meet the criteria for TDIU as he could perform sedentary work despite his service-connected disabilities.

The Board has decided that the Veteran is in need of personal care services for a minimum of six continuous months due to his extensive medical needs, and remands the case to determine if participation in the PCAFC program would be in the Veteran's best interest.

The Veteran's appeal for increased ratings for left nephrectomy scar and renal cell carcinoma has been dismissed as the appellant withdrew his request for a hearing.

The Veteran's appeal for service connection for chronic kidney disease, claimed as due to exposure to contaminated water at Camp Lejeune, is dismissed because the Veteran died during the pendency of the appeal.

The Veteran's hypertension is service-connected and has led to cardiomyopathy and atypical chest pain. The Board granted service connection for these conditions secondary to the service-connected hypertension.

The Veteran's cause of death was listed as acute hypoxemic respiratory failure, exacerbation of COPD, and multifocal pneumonia. The VA examiner concluded that the service-connected disabilities did not materially or substantially contribute to his death. However, the Board finds a need for additional development due to pre-decisional duty to assist errors.

The Board denied all claims for higher disability ratings and effective date determinations, finding that the Veteran's conditions did not meet the criteria for the next higher rating under applicable VA Schedule for Rating Disabilities.

The Board has granted earlier effective dates of November 18, 2020 for the separate evaluation of hypertension and secondary service connection for chronic renal disease and congestive heart failure to hypertension. The underlying hypertension was initially presumed based on herbicide exposure under the PACT Act.

The Veteran's kidney cancer is currently rated at 30 percent, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Board has remanded the Veteran's claims for service connection for kidney stones and partial loss of right kidney due to a failure to obtain medical opinions addressing whether these disabilities are caused or aggravated by his service-connected bladder cancer or hypothyroidism.

The Veteran's prostate cancer and erectile dysfunction are granted as service-connected.,The Veteran's hypertension, gout (bilateral heel), heart conditions, renal cell carcinoma, and gastroesophageal reflux disease (GERD) are remanded for further review.

The Veteran's claim for SMC based on the need for aid and attendance is granted, effective October 1, 2019. The evidence is evenly balanced as to whether the Veteran had physical incapacity requiring care and assistance prior to or on this date.

The Veteran's appeal for a higher rating for peritoneal adhesions with small intestine involvement status post laparotomy was denied. The Board also found that the claim of service connection for renal cyst, as secondary to service-connected peritoneal adhesions, needs further examination and remanded.