Kidney disease decisions — 2024

The Board has dismissed the Veteran's appeals for service connection for kidney disease stage 2, lymphocytosis, and leukocytosis as they were already adjudicated in a previous decision.

The Board has determined that the Veteran's claims for service connection for kidney cancer and lung cancer should be remanded due to a duty to assist error in failing to obtain relevant VA treatment records from VAMC Orlando dated January 1996, related to Agent Orange exposure.

The Board has granted service connection for kidney cancer and chronic kidney disease, finding that the Veteran's exposure to herbicide agents in Vietnam is likely the cause of these conditions.

The Board has determined that the decision on appeal is November 2019 and not April 2020, as the April 2020 rating decision did not adjudicate the DIC claim. The AOJ must now make a finding regarding whether the Appellant is considered the surviving child of the Veteran and provide complete notice of the decision under 38 U.S.C. § 5104. A VA examination should be afforded to the Appellant to determine if the cause of death is related to service or toxic exposure.

The Board has granted an initial disability rating of 100 percent for Stage 4 chronic renal insufficiency and remanded the issue of service connection for hypertension as secondary to this condition.

The Veteran's claim for service connection for chronic kidney disease is being remanded due to a duty to assist error. The Board requests that the AOJ attempts to obtain private treatment records from South Texas Kidney Specialists and any other relevant providers prior to the December 2020 decision.

The Board has found that the Veteran's exposure to herbicides during service is not established, and thus his claims for thyroid cancer (hypothyroidism), stage 3 chronic kidney disease, and bilateral lower extremity nerve damage are remanded due to a pre-decisional error in determining presumptive exposure.

The Veteran's appeals for service connection were dismissed due to his withdrawal of the appeal.

The Veteran's appeals for service connection were dismissed due to the withdrawal of his appeal by his representative.

The Veteran's claim for a bilateral hearing loss disability is denied as he does not have a current disability for VA purposes.,The Veteran's claims for an acquired psychiatric disorder, diabetes mellitus, peripheral neuropathy (upper and lower extremities), erectile dysfunction, vestibular disability, skin condition, heart condition, and respiratory condition are remanded due to the need for further development of evidence.,The Veteran's claim for a bilateral kidney condition is remanded as it may be related to his service-connected diabetes mellitus.

The Veteran's PTSD symptoms and overall impairment more nearly approximated deficiencies in most areas, with occupational and social impairment. The initial disability rating for residuals of prostate cancer and kidney cancer is granted at 40 percent.,From September 30, 2022, the Veteran's service-connected PTSD rendered him unable to secure and follow a substantially gainful occupation.

The Board has found that the receipt of new and relevant evidence is warranted, specifically related to the Veteran's exposure to tetrachlorethylene (TCE) during his service as a fuels specialist. The Board will remand for readjudication based on this new evidence.

The Board has decided to remand the case due to a duty-to-assist error, requiring an examination for the Veteran's left eye condition.

The Board denied earlier effective dates for hypertension and glomerulonephritis status post kidney transplant, as well as an initial rating in excess of 30 percent for the latter condition. The Veteran's conditions are presumed due to herbicide exposure in Vietnam under the PACT Act.

The Board has dismissed the issues of service connection for kidney disorder, neck disorder, sleep disorder (including sleep apnea), thyroid disorder, gastrointestinal disorder, left ankle disorder, and low back disorder as part of a previously pending appeal.

The Board has reopened the Veteran's claims for service connection for hypertension and Chronic Kidney Disease (CKD). The claim of service connection for an acquired psychiatric disorder is remanded due to a failure in the pre-decisional duty to assist.

The Board has decided to remand the Veteran's claims for service connection due to errors in obtaining relevant medical records and ensuring complete STRs were included.

The Veteran's OSA is granted as proximately due to his service-connected major depressive disorder, while other issues are denied.

The Board denied service connection for chronic renal disease and lower back pain, finding that the evidence did not support a link between these conditions and the Veteran's military service.,Service connection was also denied for low back pain due to lack of in-service complaints or diagnoses.