Citation Nr: 22017581
Decision Date: 03/25/22	Archive Date: 03/25/22

DOCKET NO. 17-56 255
DATE: March 25, 2022

REMANDED

Entitlement to service connection for kidney stones is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1978 to January 1981. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from     a September 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The claim was remanded in March 2019 and May 2020 for further development.

Entitlement to service connection for kidney stones is remanded.

The Veteran contends that his recurrent kidney stones are due to his exposure to contaminated water during his service at Camp Lejeune from May 1978 to July 1978. 

As noted in the Board's prior remands, kidney stones are not one of the disabilities for which presumptive service connection can be granted based on exposure to contaminated water at Camp Lejeune.

In March 2019 the Board remanded the case in order to obtain an opinion regarding direct service connection. In accordance with the remand, the Veteran underwent a VA examination in January 2020. Following an examination of the Veteran and review of his claims file, the examiner opined that the Veteran's kidney stones were less likely than not caused by his exposure to contaminated water at Camp Lejeune during his service. As rationale, the examiner noted that the Veteran had a stone analysis in 2014 and was found to have the most common type of kidney stonescalcium oxalateand that dietary factors can increase the concentration of calcium or oxalate in urine and cause the formation of stones.

In May 2020 the Board noted that this rationale did not discuss contaminated water exposure or the onset of the Veteran's symptoms shortly after service. Following remand, an addendum opinion was obtained in September 2020. The examiner explained why the Veteran's kidney stones were less likely than not caused by contaminated water at Camp Lejeune. However, the September 2020 examiner    did not provide an opinion regarding whether the Veteran's kidney stones are etiologically related to his military service in general, as requested by the Board      in its May 2020 remand. Where the remand orders of the Board are not complied with, the Board errs as a matter of law when it fails to ensure compliance. Stegall v. West, 11 Vet. App. 268 (1998). Accordingly, another remand is required. 

The matter is REMANDED for the following action:

1. Obtain an addendum medical opinion. If a new examination is deemed necessary to respond to the question presented, one should be scheduled. After review of the claims file, the examiner should opine whether it is as likely as not that the Veteran's kidney stones are etiologically related to his military service in general.  The examiner should explain why or why not and should specifically address the Veteran's December 2020 statement that a few years after discharge from service he found out he had a kidney stone and it has reoccurred every three years since then.

 

2. If the claim remains denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Jesteadt, 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.