Kidney disease decisions — 2024

The Veteran's claims for service connection for various conditions are remanded due to duty-to-assist errors.,VA examinations and medical opinions are needed to address the etiology of the Veteran's claimed disabilities.

The Veteran's right kidney renal failure is rated at 30 percent, effective August 4, 2011.

The Board has remanded the Veteran's claims for service connection for asthma, chronic kidney disease, COPD, coronary artery disease/congestive heart failure, diabetes mellitus II, and hypertension due to exposure to asbestos while serving as a machinist mate in the Navy. The AOJ is instructed to obtain additional medical opinions regarding the nature and etiology of these conditions based on the Veteran's service history and any other relevant evidence.

The appeal for service connection of a neck condition has been dismissed due to untimely filing. The kidney condition claim is remanded as there are issues with the timeliness and need for an addendum medical opinion.

The Veteran's service connection claims for various conditions are being remanded due to the need for additional medical opinions regarding potential exposure to herbicides and asbestos during his military service.

The Veteran's hypertension and bladder cancer were denied increased ratings, while the claims for service connection of chronic kidney disease and COPD are remanded.

The Board has granted service connection for renal cell carcinoma, gastric cancer, melanoma cancer, and kidney cancer, all of which the Veteran contends are related to his exposure to Agent Orange during military service.

The Veteran's increased ratings for headaches and kidney stones were granted in an October 2022 rating decision, resulting in past-due benefits. The appeal is granted as the attorney is eligible for direct payment of fees based on these past-due benefits.

The Board has granted service connection for renal cell carcinoma, gastric cancer, melanoma cancer, and kidney cancer, all of which the Veteran contends are related to his exposure to Agent Orange during military service.

The Board has granted the Veteran's claim for service connection for chronic kidney disease, finding that his condition is at least as likely as not related to his military service due to exposure to hazardous waste materials.

The Veteran's claims for service connection for chronic kidney disease, heart condition, prostate cancer, and bladder condition have been granted. The claim seeking service connection for a bladder condition is remanded due to the need for further development.

The Veteran's appeal of whether a timely request for a Higher-Level Review was received for the September 2017 and October 2017 rating decisions denying service connection for Lyme disease, kidney stones, heat exhaustion, right knee strain, and abnormal liver function tests is denied.

The Veteran's claim for payment or reimbursement of non-VA emergency care provided by LEMS on April 15, 2023 is granted. The decision was based on the criteria under 38 U.S.C. § 1725 and related regulations.

The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to chemicals, specifically DDT, during service. The claim will be further developed and a VA medical opinion will be obtained to determine if any of the claimed disabilities are related to chemical exposure in service.

The Veteran's appeal for a higher rating for chronic lymphocytic leukemia was denied, and his claim for additional SMC under 38 U.S.C. § 1114(p) and 38 C.F.R. § 3.350(f)(4) at the rate higher than subsection (m) was also denied.

The Veteran's appeal has been withdrawn by his representative, and the Board is dismissing the appeal for the issues of entitlement to service connection for peripheral neuropathy right lower extremity, hypertension, and bilateral kidneys, as well as an initial increased rating for migraines.

The Board has remanded the claims of compensation under 38 U.S.C. § 1151 for diabetes mellitus, type II; compensation under 38 U.S.C. § 1151 for kidney cancer; and entitlement to aid and attendance allowance for Rosemary Ward due to a failure to request the Veteran's medical records prior to May 2008.

The Veteran's claims for service connection and increased ratings for various conditions, including hypertension, hyperlipidemia, cardiac heart condition, diabetic peripheral neuropathy, diabetic renal dysfunction, diabetic retinopathy, and erectile dysfunction, were denied. The Board found that the evidence did not meet the criteria for an initial rating in excess of 10 percent for hypertension or service connection for hyperlipidemia.

The Veteran's GERD is related to his active service, and the Board has granted service connection for this condition.,The evidence is in equipoise as to whether chronic kidney disease was caused by type II diabetes mellitus. The Board has also granted service connection for this secondary disability.,Similarly, the evidence is in equipoise as to whether diabetic peripheral neuropathy of the left and right lower extremities were caused by type II diabetes mellitus. The Board has granted service connection for these secondary disabilities.

The Board has decided to remand the Veteran's claims for service connection for kidney disability, left knee disability, low back disability, and neck disability due to potential duty-to-assist errors prior to the January 2023 decision. The VA is required to obtain relevant Community Care records from VistA Imaging system and provide the Veteran with appropriate examinations to determine the etiology of his disabilities.