An effective date of October 5, 2014, but not earlier, for the grant of service connection for renal cell carcinoma as due to exposure to contaminated water at Camp Lejeune is granted.,An effective date of April 17, 2006, but not earlier, for the award of SMC on account of loss of use of a creative organ is granted.,An effective date of October 5, 2014, but not earlier, for the grant of service connection for left lung cancer as secondary to renal cell carcinoma is granted.,An effective date of October 5, 2014, but not earlier, for the award of SMC based on the housebound rate is granted.,The initial rating higher than 60 percent for renal cell carcinoma status post right nephrectomy is denied.

The deciding factor: Service connection was granted on a direct basis and an effective date of October 5, 2014, is warranted as well.,SMC on account of loss of use of a creative organ due to erectile dysfunction should have been assigned the same effective date as the grant of service connection for diabetes mellitus with erectile dysfunction.,The Veteran's renal cell carcinoma was not active during the pendency of the claim from October 5, 2014. The disease did not manifest by persistent edema and albuminuria with BUN 40 to 80mg%, creatinine 4 to 8mg%, or generalized poor health characterized by lethargy, weakness, anorexia, weight loss, or limitation of exertion (the criteria for an 80 percent rating); or, requiring regular dialysis or precluding more than sedentary activity, or BUN more than 80mg%, creatinine more than 8mg%, or markedly decreased function of kidney or other organ systems (the criteria for a maximum 100 percent rating).,The Veteran died prior to the revised rating criteria coming into effect on November 14, 2021. As such, the new criteria are not applicable in this case.

Claimed conditions

renal cell carcinoma, left lung cancer

How they argued it

Direct service connection

Exposure basis

Camp Lejeune water

Rating assigned

None in this decision

Decision date

January 29, 2024

Citation

24004352

This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 24004352.