Citation Nr: 21073099
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 16-47 597
DATE:    December 7, 2021

         

REMANDED

Entitlement to service connection for cyst on kidney (kidney condition), to include as due to contaminants in the water supply at Camp Lejeune, is remanded.

INTRODUCTION

The Veteran served on active duty in the United States Marine Corps from July 1978 to August 1978 and July 1979 to July 1980. 

In August 2020, the Board remanded this case for additional development.  It has since been returned for further appellate review. 

By way of a July 2021 rating decision, the evaluation of the Veteran's service-connected acquired psychiatric disability, to include schizoaffective disorder and unspecified anxiety disorder, was increased to 100 percent disabling effective September 23, 2014.  This represents a full grant of the benefits sought, and as such, this issue is no longer on appeal.  Additionally, the Veteran's claim for entitlement to a total disability evaluation based on individual unemployability (TDIU) is moot based on the award of a 100 percent schedular rating for his acquired psychiatric disability. 

REASONS FOR REMAND

At the outset, the Board observes, the medical evidence of record reflects a diagnosis of a large right renal cyst in November 2014, as well as treatment for kidney stones.  

Additionally, the record shows the Veteran was stationed at Camp Lejeune, North Carolina during the period of potential exposure to contaminated drinking water. 

To date, the Veteran has not been afforded a VA examination in response to his claim for service connection for his kidney condition.  In light of the foregoing, the Board finds the evidence of record satisfies the low threshold needed to obtain VA examinations and medical opinions pursuant to McLendon v. Nicholson, 20 Vet. App. 79 (2006).  Thus, the Board finds a remand is necessary to obtain a VA examination and medical opinion for the Veteran's claimed kidney condition. 

Accordingly, this matter is REMANDED for the following action:

Schedule the Veteran for a VA examination for his claimed kidney condition.  The examiner must review the entire claims file.

The examiner is asked to provide a response to the following questions:

a)	Is the Veteran's claimed kidney condition at least as likely as not related to contaminants in the water during his service at Camp Lejeune?  

b)	Is the Veteran's kidney condition at least as likely as not related to his active service?

The examiner is advised that a negative opinion cannot be based solely on the fact that "cyst on kidney" is not on the list of diseases that are presumptively associated with exposure to contaminants in the water supply at Camp Lejeune.

The examiner must provide a complete rationale and explanation for all opinions reached.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Nestander, Jessica S.

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.