Kidney disease decisions — 2024

The Veteran's claims for eligibility for assistance in acquiring specially adapted housing (SAH) and a special home adaptation grant were remanded due to the AOJ overlooking favorable legal determinations that greatly expanded his service-connected disability picture.

The Veteran's claims for increased ratings and service connection have been denied. The Veteran is currently rated at 60% for chronic kidney disease/diabetic nephropathy with hypertension, 20% for diabetes mellitus, type II, and 10% each for tinnitus, bilateral hearing loss, peripheral neuropathy of the upper extremities, and radiculopathy of the lower extremities.

The Board found that the Veteran's kidney transplant evaluation was properly reduced from 100% to 30%, effective December 1, 2022. The reduction was based on his continued good health and improvement since his second transplant.

The Veteran's renal cell carcinoma, cardiomyopathy, and supraventricular tachycardia have been granted service connection.,The initial compensable rating for hypertension has been remanded due to inadequate examination report.

The Veteran has withdrawn all appeals related to the issues of service connection for various conditions, including diabetes mellitus, type II, gout, hypertension, nephrolithiasis and stage IV kidney failure, left knee replacement and pain disability, right knee pain disability, left upper extremity radiculopathy (hand numbness), left lower extremity neuropathy and radiculopathy, right upper extremity radiculopathy (hand numbness), right lower extremity neuropathy and radiculopathy, lumbar back pain and degenerative joint disease (DJD), and atrial fibrillation and coronary calcifications, status-post ablation.

The Veteran's service-connected disabilities, including GERD with hernia and kidney stones, prevent him from securing and following a substantially gainful occupation. The Board has remanded the case to determine if an extraschedular TDIU rating is warranted.

The Veteran's kidney cancer, right nephrectomy, and chronic kidney disease are found to be related to his exposure to herbicide agents in service. Service connection is granted.

The Veteran's kidney disorder, claimed as chronic kidney disease, is due to service and the Board has granted service connection for this condition.

The appeal seeking service connection for tinnitus is dismissed as the benefit requested has been granted. The claims of service connection for neoplasm of the kidney with kidney removal and obstructive and central sleep apnea are remanded.

The Veteran's TDIU claim is granted beginning August 28, 2013, as he was unable to secure and follow substantially gainful employment due to his service-connected disabilities.

The Veteran's appeal for service connection and SMC has been dismissed due to his death. The claims will not be reconsidered.

The Board has denied service connection for various conditions, including psychiatric disabilities, allergic rhinitis, kidney disability, ED, GERD, peripheral neuropathy of the upper and lower extremities, shoulder disabilities, liver disability, and lung disability. The appeal is not about service connection at all.

The Board has remanded the claims for service connection for kidney disease, proctectomy cancer, and basal cell carcinoma of head and neck due to inadequate medical opinions regarding their relationship to service exposure.

The appeal for TDIU from August 1, 2019 is dismissed. The appeal for SMC at the housebound rate from August 2, 2019 to October 7, 2021 is denied.

The Board has determined that additional development is required for the Veteran's claims of service connection for an acquired psychiatric disorder, diabetes mellitus, chronic kidney disease, and a heart condition. The case will be remanded to obtain SSA records, VA medical opinions, and toxic exposure risk activity (TERA) opinions.

The Board has remanded the claims for service connection for an adrenal gland disorder, a pituitary gland disorder, and hypertension due to inadequate medical opinions. The Veteran's individual health history will be considered in these cases.

The Veteran's cause of death is now considered service-connected due to a secondary relationship with his service-connected diabetes mellitus, type II.

The Veteran's current kidney condition is caused or aggravated by his service-connected hypertension, and the Board has granted service connection for this secondary condition.

The Board has granted service connection for bladder cancer. The other issues are remanded due to the need for VA examinations and opinions regarding the etiology of the claimed conditions.

The Veteran's renal cell carcinoma residuals are presumed to have been incurred during his active service due to exposure to burn pits in Afghanistan and Kuwait, as a result of the PACT Act. Service connection is granted.