Citation Nr: 21065607 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 14-36 178 DATE: October 26, 2021 ORDER Entitlement to service connection for a kidney disability is granted. FINDING OF FACT Affording the Veteran the benefit of the doubt, the evidence is in relative equipoise as to whether Veteran's current kidney disability began during, or is otherwise related to, her military service. CONCLUSION OF LAW The criteria for entitlement to service connection for a kidney disability have been met. 38 U.S.C. §§ 1110, 1131, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from November 1981 to June 1982 and from October 1982 to May 2005. In October 2021, the Veteran testified before the undersigned at a videoconference hearing. The transcript from the hearing has not yet been associated with the file, as the case is being granted under the Board's "One Touch" program. The hearing transcript will still be processed and associated with the claims file in the ordinary course of business. The Board apologizes for the delay in the processing of this case. Entitlement to service connection for a kidney disability The Veteran contends that she has a kidney disability that is etiologically related to active duty service. At the outset, the Board notes that the Veteran has a diagnosis of stage III kidney disease and IGA nephropathy. See July 2009 and March 2013 VA examination reports, treatment records generally. The Veteran is also service-connected for left nephrolithiasis, or kidney stones effective June 1, 2005, the day following her separation from service. The Veteran's service treatment records are silent for diagnoses of kidney disease or IGA nephropathy. However, the Board notes that the Veteran did routinely complain of urinary issues and underwent treatment, to include surgical treatment, for those separate conditions. The record contains a February 2009 letter from a private physician noting that the Veteran's records show proteinuria and hematuria in 2003 while on active duty. The private provider noted that she was being seen by nephrologists and had a diagnosis of chronic kidney disease, stage 3 along with hematuria and proteinuria caused by her renal disease. The provider opined that this condition was at least as likely as not present prior to discharge from active duty but was masked by recurrent kidney stones. The Veteran was afforded a VA medical examination for this issue in July 2009. The examiner diagnosed the Veteran with chronic kidney disease, stage three. The examiner opined that the Veteran's chronic kidney disease is not connected to the Veteran's service-connected nephrolithiasis. The examiner was not asked to comment on, and did not reference or refute the earlier February 2009 private positive nexus opinion. The record also contains a May 2009 opinion from another private physician, noting that, based on their review of service treatment records from 2005, it was their opinion that it is at least as likely as not that the Veteran's current conditions of stage III renal failure and IGA nephropathy are related to complaints shown during her military service. The Veteran underwent a second VA examination for this condition in March 2013. The examiner diagnosed the Veteran with IGA nephropathy, noting that it was diagnosed in 2002. The examiner opined that the Veteran's IGA nephropathy was less likely than not caused by an in-service injury, event, or illness. The examiner explained that the Veteran's IGA nephropathy is an inherited condition proceeding through its natural progression that was first diagnosed in approximately 2008, years after her separation from service. While the examiner summarily acknowledged one of the 2009 private positive nexus opinions, they did not address that provider's opinion that the Veteran's condition was masked by the Veteran's now service-connected kidney stones. The opinion also contains an internal inconsistency regarding the diagnosis of IGA nephropathy with both 2002 and 2008 being provided as the diagnostic date. The Board attributes great probative value to the Veteran's statements regarding the onset of symptoms. The Board recognizes that she was not diagnosed with kidney disease, stage 3, or IGA nephropathy until after her separation from active military service. However, the Board does note that the Veteran complained and was treated for kidney stones (currently service-connected) and urinary symptoms up to her separation from service. VA regulations provide that service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303 (d). Considering the totality of the evidence, to include the Veteran's testimony before the undersigned, the Board finds the evidence is in equipoise as to whether the Veteran's kidney disability had its onset in active service. The Board will resolve any doubt in favor of the Veteran and grant service connection for a kidney disability. 38 C.F.R. § 3.102; 38 U.S.C. § 5107 (b). John J. Crowley Veterans Law Judge Board of Veterans' Appeals Attorney for the Board V. Woehlke 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.