Citation Nr: 21067666 Decision Date: 11/05/21 Archive Date: 11/05/21 DOCKET NO. 16-56 819 DATE: November 5, 2021 ORDER Service connection for a kidney disorder is denied. FINDINGS OF FACT 1. The Veteran served on active duty from July 1980 to July 1983. 2. The Veteran complained of a kidney infection during service; the symptoms were not shown to be chronic. A current kidney disorder, diagnosed as chronic kidney disease, is not causally or etiologically related to service. CONCLUSION OF LAW A kidney disorder was not incurred in service. §§ 38 U.S.C. § 1131, 5103(a), 5103A, 5107 (2012); 38 C.F.R. §§ 3.159, 3.303 (2021). REASONS AND BASES FOR FINDINGS AND CONCLUSION As a procedural matter, the Board denied the claim for service connection for a kidney disorder in an August 2020 decision. The Veteran appealed to the Veterans Claims Court. In February 2021, the Court Clerk granted a Joint Motion for Partial Remand and returned the claim to the Board for readjudication. Turning to the relevant laws and regulations, service connection may be granted on a direct basis as a result of disease or injury incurred in service based on nexus using a three-element test: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred in or aggravated by service. See 38 C.F.R. §§ 3.303(a), (d); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009). Turning to the evidence, the medical treatment records and VA examinations show that the Veteran has been diagnosed with chronic renal insufficiency and stage 3 chronic kidney disease. As such, a current disability has been shown and the first element of service connection has been met. As to in-service incurrence, the service treatment records (STRs) reflect that the Veteran complained of a kidney infection in August 1981. In addition, the STRs noted that he had a history of kidney infection and pains. Further, a December 1981 record reflected treatment of gonococcal urethritis, a sexually transmitted infection (STI). There were no further complaints of or treatments for kidney problems during service and the symptoms were not shown to be chronic. Although he did not undergo a separation examination, the STRs support the in-service incurrence of kidney complaints. Turning to nexus, the medical evidence does not support a nexus between a current kidney disorder and service. Specifically, a May 2012 VA examiner concluded it was less likely than not that chronic renal insufficiency was incurred in or caused by service. He explained that while the Veteran complained of abdominal symptoms claimed as a kidney infection in the STRs, there was no objective evidence of a kidney infection or any other kidney condition documented in the STRs. Further, the May 2012 examiner opined that urethritis was less likely than not related to a current kidney disorder because the separation examination did not indicate any residuals; however, as the STRs did not include a separation examination, a new medical opinion was requested. In April 2021, a private physician opined that the current kidney disorder was at least as likely as not aggravated by the in-service incurrence of a kidney infection; however, he offered no rationale for his opinion. Therefore, this opinion is afforded lesser probative value. Further weighing against the claim, an August 2021 VA examiner opined that current stage 3 chronic kidney disease was not aggravated beyond natural progression during active duty. He explained that while the Veteran was noted to have an STI in December 1981, the medical literature does not show that a treated STI can cause chronic kidney disease. Further, he noted that the Veteran was not documented to have a latent infection. This evidence weighs against the appeal. As the VA examiners provided a rationale for their opinions, the VA medical opinions are assigned more probative value than the opinion of the private physician. Accordingly, the medical evidence weighs against a nexus between a current kidney disorder and service. The Board has considered the Veteran's lay statements that his disorder was caused by service. He is competent to report symptoms because this requires only personal knowledge as it comes to him through his senses. However, he is not competent to offer an opinion as to the etiology of his current disorder due to the medical complexity of the matter involved. Such competent evidence has been provided by the service records, clinical evidence, and examinations obtained and associated with the claims file. Here, the Board attaches greater probative weight to the clinical findings than to his statements. In light of the above, the preponderance of the evidence is against the claim for service connection and there is no doubt to be otherwise resolved. As such, the appeal is denied. Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board's consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). L. HOWELL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Kokolas, Associate 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.