Kidney disease Board decisions

The Board has determined that the Veteran's renal cell cancer, which caused his death in December 2008, likely began during service and is therefore service-connected for the cause of his death.

The Veteran's service-connected disabilities result in regular need for aid and attendance, which qualifies him for special monthly compensation (SMC) based on aid and attendance.

The Board has remanded the Veteran's claims for diabetes mellitus, left leg amputation to include as secondary to diabetes mellitus, congestive heart failure to include as secondary to diabetes mellitus, diabetic kidney disease with nephropathy, and bilateral hearing loss due to potential outstanding VA treatment records and private medical records. The issues are inextricably intertwined with the Veteran's claim of entitlement to service connection for diabetes mellitus.

The Veteran withdrew his appeal for service connection of chronic kidney disease, and the Board dismissed the claim.

The Board has remanded the case due to a failure to obtain an adequate opinion regarding the cause of death and its relation to service, including in-service dental treatment. The Veteran died from acute renal failure, metastatic melanoma, cerebral metastasis, or seizure disorder.

The Board has determined that the Veteran's renal cell carcinoma is more likely attributed to his individual risk factors, including obesity and tobacco use, rather than being a direct consequence of his exposure to Agent Orange. The Board finds this private opinion insufficient on which to premise a finding of service connection at this time.

The Veteran's claim for service connection for chronic kidney disease was granted with an effective date of June 1, 2017. This is the earliest date that medical evidence showed a diagnosis of chronic kidney disease as secondary to his diabetes mellitus.

The Veteran's appeals for service connection and ratings were dismissed. The appeal for bilateral recurrent ear wax impaction was dismissed, as the Veteran withdrew his claim. Appeals for a compensable rating for pseudofolliculitis barbae (PFB), erectile dysfunction, residuals from neoplasm of the kidney, and hypertension were also dismissed.

The Veteran's claims for increased ratings of left herniated nucleus pulposus at L5-S1, right flank renal stone scar, and bladder cancer with nephrolithiasis and right ureteral stricture status post resection have been withdrawn.,The Veteran's claim for a compensable rating for left ear hearing loss has been withdrawn.,The Veteran's claim for an increased rating of 20 percent for bladder cancer with nephrolithiasis and right ureteral stricture status post resection is granted from November 9, 2020.

The Board has granted service connection for bilateral hearing loss and tinnitus. The remaining claims of service connection for hypertension, kidney disease, COPD, heart failure, atrial fibrillation, stroke, vertigo, and an acquired psychiatric disorder are remanded due to duty-to-assist errors.

The Veteran's hypertension requires continuous medication for control but has not manifested by diastolic pressure predominantly 100 or more or systolic pressure predominantly 160 or more, nor does he have a history of diastolic pressure predominantly 100 or more. As such, the initial compensable rating for hypertension is denied.,The Veteran's CKD has an unclear etiology though suspect HTN and was diagnosed prior to the decision on appeal. The Court noted that secondary service connection should be developed and adjudicated.

The Veteran's claim for a higher disability rating for service-connected chronic kidney disease, for accrued benefits purposes, remains pending and needs to be addressed by the AOJ.

The Board has remanded the case due to a failure to obtain a VA examination prior to denying the Veteran's claim for service connection for proteinuria. The examiner is asked to determine if there is at least as likely as not that the Veteran's underlying chronic kidney disease is related to his proteinuria, which was documented in his STRs and post-service treatment records.

The Board has granted service connection for a right shoulder pain disability and denied the claims for erectile dysfunction, left shoulder condition, diabetes, kidney failure, and stomach upper and lower conditions.

The Veteran's PTSD is rated at 50 percent, and the appeal for an increased rating is denied. The Veteran's degenerative osteoarthritis and degenerative disc disease of the lumbar spine, radiculopathy, right lower extremity, diabetic nephropathy chronic kidney disease, right great toe bunion and gout, and TDIU are all granted.

The Veteran's service-connected migraines and allergic rhinitis are found to be the primary cause of her obstructive sleep apnea. The Board grants a 50% disability rating for migraine headaches, effective from the date of decision.

The Veteran's cause of death, including hypertension and diabetes mellitus type II, are presumed to be related to his service in the Republic of Vietnam. The Board has granted service connection for these conditions.

The Veteran's service connection claims for cervical spine disability, bilateral lower extremity peripheral neuropathy of the femoral nerve (PACT Act), and bilateral hip/ankle osteoarthritis have been granted with effective dates. DEA eligibility has also been established.

The Board has remanded the Veteran's claims for prostate cancer, obstructive sleep apnea, Parkinson's disease, left kidney cancer with residuals, coronary artery disease, and hypertension due to potential toxic exposure during service. The AOJ is instructed to properly address these issues by developing evidence regarding the Veteran's toxic exposures.

The Veteran's left knee disability is granted as incurred in service. The right knee, kidney condition, anemia, and dyspnea claims are remanded for further development.