Albuminuria alone is not nephritis, nor will the presence of transient albumin and casts following acute febrile illness be taken as nephritis. The glomerular type of nephritis is usually preceded by or associated with severe infectious disease; the onset is sudden, and the course marked by red blood cells, salt retention, and edema; it may clear up entirely or progress to a chronic condition. The nephrosclerotic type, originating in hypertension or arteriosclerosis, develops slowly, with minimum laboratory findings, and is associated with natural progress. Separate ratings are not to be assigned for disability from disease of the heart and any form of nephritis, on account of the close interrelationships of cardiovascular disabilities. If, however, absence of a kidney is the sole renal disability, even if removal was required because of nephritis, the absent kidney and any hypertension or heart disease will be separately rated. Also, in the event that chronic renal disease has progressed to the point where regular dialysis is required, any coexisting hypertension or heart disease will be separately rated.
[41 FR 34258, Aug. 13, 1976, as amended at 59 FR 2527, Jan. 18, 1994]
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1991–2021 · leading case:
Akles v. Derwinski, 1 Vet. App. 118 (Vet. App. 1991).
Akles v. Derwinski, 1 Vet. App. 118 (Vet. App. 1991).
· cites it 3× “It is agreed that while on his last tour of duty the veteran “contracted mumps accompanied by orchitis with resultant atrophy of the left testicle, for which service connection was established at a noncompensable rate under 38 C.F.R. § 4.115 (a) (1989).” Br. of Appellant at 2;…”
190319-4927 (Board of Vet. App. 2019).
· cites it 5× “38 C.F.R. § 4.115 (b). If there has been no local reoccurrence or metastasis, the disability is to be rated on residuals, as voiding dysfunction or renal dysfunction, whichever is predominant.”
16-15 265 (Board of Vet. App. 2017).
· cites it 3× “The Veteran's prostate cancer residuals is rated as 20 percent disabling under the provisions of 38 C.F.R. § 4.115 (b), Diagnostic Code 7527, which provides the criteria for prostate gland injuries, infections, hypertrophy, and postoperative residuals of the prostate gland.”
15-04 271 (Board of Vet. App. 2018).
· cites it 3× “38 C.F.R. § 4.115 (b). It is awarded only if a condition is in active malignancy while a Veteran is undergoing therapeutic treatment.”
05-34 928 (Board of Vet. App. 2016).
· cites it 2× “See 38 C.F.R. § 4.115 . The ratings schedule for renal dysfunction also provides a compensable rating where hypertension warrants at least a 10 percent rating pursuant to DC 7101.”
201007-111112 (Board of Vet. App. 2021).
· cites it 2× “The Veteran’s bladder cancer residuals are rated under 38 C.F.R. § 4.115 b, DC 7528, which contemplates malignant neoplasms of the genitourinary system (e.”
07-33 612 (Board of Vet. App. 2014).
· cites it 3× “See 38 C.F.R. § 4.115 , DCs 7005 and 7006. Here, the Veteran has not been granted service connection for his MIs.”
13-09 158 (Board of Vet. App. 2017).
“38 C.F.R. § 4.115 , Diagnostic Code 7512, 7542.”
Thomas I. Lyles, Jr. v. David J. Shulkin (Vet. App. 2017).
“"); 38 C.F.R. § 4.115 (2017) ("Separate ratings are not to be assigned for disability from disease of the heart and any form of nephritis, on account of the close interrelationships of cardiovascular disabilities.”
12-26 823 (Board of Vet. App. 2018).
“38 C.F.R. § 4.115 (b). The criteria for rating renal dysfunction is provided by 38 C.”
17-32 790 (Board of Vet. App. 2019).
“38 C.F.R. § 4.115 (b), Diagnostic Code 7522.”
10-27 914 (Board of Vet. App. 2014).
“Further, the evidence does not show that the Veteran has any sort of urinary retension or that he requires the use of a catheter.”
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