Citation Nr: 22018185
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 16-35 642A
DATE: March 28, 2022

REMANDED

Entitlement to service connection for renal failure, to include as due to herbicide exposure, is remanded.

REASONS FOR REMAND

The Veteran had active duty service from February 1956 to August 1959 and from March 1960 to April 1968.

This appeal comes to the Board of Veterans' Appeals (Board) from a rating decision dated January 2015 issued by a Department of Veterans Affairs (VA) Regional Office.  The Veteran timely appealed.

In December 2020, the Board, in relevant part, denied entitlement to service connection for renal failure, to include as due to herbicide exposure. The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court).  In November 2021, the Court granted a Joint Motion for Partial Remand (JMPR), vacating the part of the December 2020 Board decision that denied entitlement to service connection for renal failure, to include as due to herbicide exposure.  The issue has now been returned to the Board.

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 21.900(c).  38 U.S.C. § 7107(a)(2).

Entitlement to service connection for renal failure, to include as due to herbicide exposure, is remanded.

In the November 2021 JMPR, the Parties agreed that the Board erred in failing to ensure VA satisfied its duty to assist to obtain an adequate medical opinion. Specifically, the parties agreed that the June 2018, December 2019, and July 2020 VA examiners failed to "address the April 2016 MRI or opine as to whether Appellant's condition was due to prior tubular toxin exposure. As such, the parties agree that the June 2018, December 2019, and July 2020 VA medical opinions were inadequate and failed to comply with the March 2018 Board remand." Accordingly, remand is required to obtain a new medical examination in compliance with the terms of the November 2021 JMPR.

Accordingly, the matter is REMANDED for the following action:

1. Request a medical opinion addressing the Veteran's kidney disease. In-person examination is not required unless deemed necessary by the examiner.

Based upon a review of the entirety of the claims file, the examiner is requested to provide an opinion as to the following questions in terms of whether it is at least as likely as not:

(a.) Please identify any kidney disease, to include renal failure, that has manifested at any time since October 30, 2014, the date of claim.

(b.) Was the Veteran's kidney disease caused or aggravated by the claimed exposure to in-service herbicides, to include tubular toxin exposure? Why or why not?

(c.) Did the Veteran's kidney disease have its onset in service or was it otherwise etiologically related to, or aggravated by an event, injury, or disease during the Veteran's active service? Why or why not?

The examiner must discuss the April 2016 MRI and consider the medical literature of record submitted in March 2015.

Explanations for all opinions must be provided. In providing the requested rationale, the examiner is asked to cite to the pertinent evidence of record, including clinical records and the Veteran's statements regarding the onset of his symptoms. 

 

Joshua Castillo

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Minock

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.