Citation Nr: 21075426 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 13-01 624 DATE: December 20, 2021 ORDER Entitlement to service connection for a kidney disorder, to include kidney stones, is granted. FINDING OF FACT The preponderance of the evidence of record shows that the Veteran's currently diagnosed kidney disorder is caused by his service-connected diabetes mellitus, type II, and high blood pressure. CONCLUSION OF LAW The criteria for service connection for a kidney disorder have been met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1979 to May 1979, from October 2003 to July 2004, and from November 2006 to March 2008. He had additional service in the Army National Guard. This matter is before the Board of Veterans' Appeals (Board) on appeal from a September 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board has recharacterized the issue as reflected above. Under Clemons v. Shinseki, 23 Vet. App. 1 (2009), the scope of a disability claim includes any disability that may reasonably be encompassed by the claimant's description, reported symptoms, and the other information of record. The issue was trice before the Board, in November 2017, April 2018, and May 2020, and remand. The most previous remand of May 2020 mandated that the RO confirm the Veteran's periods of Active Duty for Training (ACDUTRA) and Inactive Duty for Training (INACDUTRA), obtain outstanding medical records related to the Veteran's kidney stones from before October 2003, and obtain an addendum medical opinion addressing whether the Veteran's kidney disability was caused and/or aggravated by his service-connected diabetes mellitus and/or high blood pressure. The Board finds that there has not been substantial compliance. Stegall v. West, 11 Vet. App. 268 (1998); Dyment v. West, 13 Vet. App. 141, 146-47 (1999). However, the benefit is being granted in full and another remand is not needed to ensure substantial compliance. Id. In November 2021, the Veteran provided an executed Appeals Satisfaction Notice wherein he indicated that he "received the recent correspondence regarding the decision to grant one or more of my issues on appeal. Based on the decision rendered, I am satisfied and wish to withdraw all remaining issues associated with this appeal. By signing and submitting this form, I am asking to withdraw all remaining issue(s) contained in my recent Statement of the Case (SOC)/Supplemental Statement of the Case (SSOC) and ask the regional office of jurisdiction to discontinue further development actions associated with this appeal." The Board has determined that this is not a valid withdrawal and thus, will proceed with adjudication of the claim. 38 C.F.R. § 19.55. Entitlement to service connection for a kidney disorder, to include kidney stones, is granted. Service connection may also be established on a secondary basis for a disability that is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310 (a). Secondary service connection may also be established for a nonservice-connected disability aggravated by a service-connected disability. In such an instance, the Veteran may be compensated for the degree of disability over and above the degree of disability existing before the aggravation. 38 C.F.R. § 3.310 (b); Allen v. Brown, 7 Vet. App. 439 (1995). To establish entitlement to service connection on a secondary basis, there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) medical evidence establishing a nexus between the service-connected disability and the current disability. Wallin v. West, 11 Vet. App. 509 (1998). The Veteran has been diagnosed with a kidney disorder. He is service connected for diabetes mellitus, type II, and high blood pressure. Thus, the first and second Wallin elements are met. Regarding the third element for a secondary service connection claim, the evidence of record is reflective of a finding that the Veteran's kidney disease is caused by his service-connected high blood pressure and diabetes mellitus. Thus, the Board finds that the nexus element of a secondary service connection claim is satisfied. Wallin, 11 Vet. App. at 512. Affording the Veteran the benefit of the doubt, service connection for a kidney disorder, to include as secondary to the service-connected diabetes mellitus type II, and high blood pressure, is, thus, granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102, 4.3; Gilbert v. Derwinski, 1 Vet. App. at 55. D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Stevens, 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.