Kidney disease decisions — 2024

The Board has remanded the case due to a duty to assist error and the need for a TERA examination.

The Board found that the Veteran did not have actual herbicide exposure during service and his conditions were not related to any in-service disease or injury. Therefore, he is denied service connection for the cause of death.

The appeal seeking payment or reimbursement for medical services performed on March 13, 2020 is dismissed as the claim was timely filed and approved under 38 U.S.C. § 1725.

The Veteran's chronic kidney disease is remanded due to a failure to obtain a medical opinion regarding direct service connection and the need for a TERA memorandum.

The Veteran's claims for service connection have been granted due to the submission of new and relevant evidence. The issues of diabetes mellitus, bilateral kidney disability, and depression are remanded for further review.

The Veteran's claims for service connection for sleep apnea syndromes, nephrolithiasis/kidney condition, left shoulder condition, and left elbow condition have been denied. The Veteran's claim for a rating in excess of 10 percent disabling for his left wrist degenerative arthritis (DA) with history of tendonitis has also been denied.,The Board found that the evidence did not support service connection for any of these conditions.

The Veteran's appeals for service connection on multiple conditions have been dismissed due to the Veteran's withdrawal of his appeal.

The Veteran's foot ulcers and kidney disability are not related to his active service, as there is no evidence of these conditions during or within one year after separation from service. The back disability was productive of forward flexion greater than 30 degrees but not greater than 60 degrees.,There is insufficient evidence to establish a connection between the Veteran's kidney disability and his active service.

The Veteran's appeal for an increased disability rating for multiple myeloma with chronic renal disease is dismissed. The Veteran's claim for special monthly compensation based on the need for aid and attendance is granted.

The Veteran's renal cell carcinoma status post right nephrectomy and partial left nephrectomy was granted a 100% rating effective February 17, 2021. The decision also addressed an earlier effective date for the grant of a 100% rating.

The Board has remanded the service connection claims for diabetes mellitus, retinopathy, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, kidney disease, and atrial fibrillation due to potential exposure to herbicide agents in the Blue Water Navy.

The Board has granted service connection for chronic kidney disease and gout of the left elbow, bilateral knees, and bilateral feet as secondary to the Veteran's chronic kidney disease.

The Veteran's claim for a higher rating for kidney disability and entitlement to TDIU was denied. The Veteran's kidney disability is rated at 60 percent, which does not meet the criteria for a higher rating.

The Board has determined that the Veteran's end-stage renal failure is related to his service-connected ankylosing spondylitis, and thus grants service connection for this condition.

The Board has remanded several service connection claims due to inadequate TERA opinions and the need for additional clarification. The claims include chronic myelogenous leukemia (CML), kidney cancer, colon cancer, hypertension, fistulas of the left arm with scar, fistula of the right arm with scar, and diabetes mellitus.

The Veteran's papillary renal cell carcinoma post-ablation, left is granted as service connection is established on a presumptive basis due to presumed exposure to burn pits under the PACT Act.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence to support presumptive or direct service connection. The Veteran died from cerebrovascular accident and diabetes.

The Veteran's chronic kidney disease is related to service or other service-connected conditions, and the Board has granted service connection for this condition.

The Veteran's bilateral hearing loss is denied as there is no evidence of a current disability or in-service incurrence.,The Veteran's hypertension does not meet the criteria for an initial compensable rating, as his diastolic pressure has never been predominantly 100 or more and he requires no continuous medication.,The Veteran's chronic kidney disease does not meet the criteria for an initial compensable rating, as it has not resulted in constant or recurring albumin with hyaline and granular casts or red blood cells.,There is no legal basis to assign a disability rating in excess of 10 percent for multiple, noncompensable service-connected disabilities.

The Veteran's claims for service connection for HTN and compensation under 38 U.S.C. § 1151 for a kidney condition were denied due to his failure to report for scheduled VA examinations.