Post deployment Chronic Kidney disease

[sgtdjusmc]

I have had annual blood tests at the VA for at least 5 years prior to deployment. All showed normal Creatine levels and GFR (except one 57 GR just prior). When I returned I had another round of blood tests 40 days post discharge. The VA Dr. diagnosed me with chronic kidney disease since my creatine was high and GFR was 47. The VA denied my claim out right. Shouldn't this be presumptive since it was within a year of discharge?

[vetquest]

I would file supplemental claim and submit your VA doctor's opinion that you have kidney disease within one year of service.  Cite the same regulations that they did.  They most likely did not read your VA medical records.  Berta might say you need to CUE this.  If they did not read your VA records, check in the evidence section and see if your medical records from the VA were included, you might have a CUE.

CFR 3.303 states in part:

Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. Presumptive periods are not intended to limit service connection to diseases so diagnosed when the evidence warrants direct service connection. The presumptive provisions of the statute and Department of Veterans Affairs regulations implementing them are intended as liberalizations applicable when the evidence would not warrant service connection without their aid.

 

[Berta]

 

I see the kidney problem was listed as the 9^th issue.

Did they award for any of the other 8 issues?

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The VA obviously did not consider the Chronic presumptive list-

And you stated it should be rated under  DC 7530 based on their statement.

Here are the renal diagnostic codes:

“7528   Malignant neoplasms of the genitourinary system            100

Note—Following the cessation of surgical, X-ray, antineoplastic chemotherapy or other therapeutic procedure, the rating of 100 percent shall continue with a mandatory VA examination at the expiration of six months. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of §3.105(e) of this chapter. If there has been no local reoccurrence or metastasis, rate on residuals as voiding dysfunction or renal dysfunction, whichever is predominant.      

7529   Benign neoplasms of the genitourinary system:   

Rate as voiding dysfunction or renal dysfunction, whichever is predominant.   

7530   Chronic renal disease requiring regular dialysis:   

Rate as renal dysfunction.          

7531   Kidney transplant:            

Following transplant surgery      100

Thereafter: Rate on residuals as renal dysfunction, minimum rating          30

Note—The 100 percent evaluation shall be assigned as of the date of hospital admission for transplant surgery and shall continue with a mandatory VA examination one year following hospital discharge. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of §3.105(e) of this chapter.

7532   Renal tubular disorders (such as renal glycosurias, aminoacidurias, renal tubular acidosis, Fanconi's syndrome, Bartter's syndrome, related disorders of Henle's loop and proximal or distal nephron function, etc.):

Minimum rating for symptomatic condition         20

Or rate as renal dysfunction.     

7533   Cystic diseases of the kidneys (polycystic disease, uremic medullary cystic disease, Medullary sponge kidney, and similar conditions):             

Rate as renal dysfunction.          

7534   Atherosclerotic renal disease (renal artery stenosis or atheroembolic renal disease): 

Rate as renal dysfunction.          

7535   Toxic nephropathy (antibotics, radiocontrast agents, nonsteroidal anti-inflammatory agents, heavy metals, and similar agents):      

Rate as renal dysfunction.          

7536   Glomerulonephritis:        

Rate as renal dysfunction.          

7537   Interstitial nephritis:        

Rate as renal dysfunction.          

7538   Papillary necrosis:            

Rate as renal dysfunction.          

7539   Renal amyloid disease:    

Rate as renal dysfunction.          

7540   Disseminated intravascular coagulation with renal cortical necrosis:             

Rate as renal dysfunction.          

7541   Renal involvement in diabetes mellitus, sickle cell anemia, systemic lupus erythematosus, vasculitis, or other systemic disease processes.     

Rate as renal dysfunction.          

7542   Neurogenic bladder:        

Rate as voiding dysfunction”

https://www.ecfr.gov/cgi-bin/text-idx?SID=7c8ba0bc93a2bfe2ee2bd305ab118212&mc=true&node=sg38.1.4_1114.sg7&rgn=div7

 

I do believe there might be a possible CUE here under their statement under # 9, but CUE depends on established medical evidence.

They did not apply the Chronic Presumptive regulations and apparently gave you no C & P exam.

But ,for a valid CUE ,we need to know  what medical evidence did they have that would warrant  a proper Diagnostic code and a rating of at least 10%?

 Was the diagnosis during your initial VA physical?

What evidence did they have regarding this specific issue?

what was their decision regarding the other 8 issues?