Citation Nr: 21000874
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 16-03 274
DATE: January 6, 2021

REMANDED

Entitlement to service connection for a kidney disability is remanded.

REASONS FOR REMAND

This matter was previously before the Board of Veterans’ Appeals (Board) in April 2018, when it was remanded so the Agency of Original Jurisdiction (AOJ) could obtain a nexus opinion regarding the Veteran’s service connection claim for a kidney disability.  The Board specifically directed the selected examiner to address the Veteran’s contention that he injured his kidney during an in-service fall and had blood in his urine as a result.  A November 2019 VA examiner provided a negative nexus opinion regarding the Veteran’s claim, noting the Veteran was not diagnosed with chronic renal disease, stage III, until 2014, many years after service, and explaining that a decline in renal function due to a physical injury as that described by the Veteran would occur within one to two years of the injury; however, the November 2019 VA examiner failed to address the Veteran’s assertion that he had blood in his urine after his in-service fall and how this may or may not support the presence of a kidney disability at that time.  As a result, the November 2019 VA examiner’s opinion does not constitute substantial compliance with the Board’s previous remand directives, making an addendum/new opinion necessary to ensure the decision on the Veteran’s claim is fully informed.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matter is REMANDED for the following action:

Obtain an addendum from the November 2019 VA examiner that addresses how the Veteran’s lay reports of blood in his urine following his in-service fall from a ladder may or may not support a finding that he at least as likely as not (50 percent probability or greater) incurred a kidney disability as a result of the fall.  For the purpose of this opinion, the Veteran’s reports of blood in his urine following the fall must be presumed credible.

If the November 2019 VA examiner is unavailable or cannot otherwise provide the requested opinion, the addendum may be obtained from another qualified VA examiner, with the Veteran only being scheduled for an examination if deemed necessary by the newly selected examiner to provide the requested opinion.

The addendum must include a complete rationale for the opinion provided.  

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. S. Kyle, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.