Kidney disease decisions — 2000

The Board has denied the veteran's claims for service connection for cancer of the bladder and a kidney disorder, as well as his requests for increased ratings for prostatitis and chronic urethritis. The evidence does not support these claims.

The veteran's death was caused by chronic lymphocytic leukemia, with cachexia and pulmonary disease as contributing causes. The service-connected irritable bowel syndrome aggravated the veteran's cachexia, which contributed to his death.

The Board denied the veteran's claims for service connection for a chronic kidney infection and an initial disability evaluation in excess of 10 percent for benign prostatic hypertrophy, finding that his claim was not well-grounded. The tarsal tunnel syndrome issue is pending.

The Board found that the cause of the veteran's death was acute respiratory distress syndrome due to or as a consequence of status post autorenal transplant with renal hepatic failure and fluid overload. The service-connected disabilities did not contribute substantially or materially to the veteran's death.

The veteran's kidney stones are currently rated as 20 percent disabling. The RO granted an increased evaluation, but the relationship between his service-connected kidney stones and his bladder cancer is not determined.

The veteran's claim for a compensable disability evaluation for residuals of right renal calculi is being remanded due to the need for additional development, including medical opinions regarding the relationship between his service-connected condition and any current urethral stricture.

The veteran's service-connected disabilities do not render him bedridden, blind in both eyes, unable to provide for his own daily self-care or protect himself from the hazards of daily living without assistance. The veteran is therefore not entitled to special monthly compensation based on the need for aid and attendance or being housebound.

The Board granted service connection for a heart condition secondary to PTSD and assigned a 60% evaluation effective from July 11, 1991. The veteran's claim of TDIU was also granted with an effective date of July 11, 1991.

The veteran's claims of entitlement to service connection for various conditions are denied as they are not well-grounded.

The Board is remanding the case due to the need for additional development, including obtaining medical records and expert opinions regarding the cause of the veteran's death and its relationship to his service-connected lung condition.

The Board found that the cause of the veteran's death was pneumonia due to cerebrovascular accident and chronic renal failure. The appellant did not have a service-connected disability at the time of his death, nor could it be established that any service-connected disability caused or contributed significantly to his death. Therefore, the claim for service connection for the cause of the veteran's death is denied.

The veteran's history of renal calculi of the left kidney is rated at a compensable 10 percent, based on occasional attacks of colic not requiring catheter drainage.

The Board denied service connection for the cause of the veteran's death and granted compensation benefits under 38 U.S.C.A. § 1151, but did not specify a rating or effective date.

The veteran's 100% rating for renal disease with macrocytic anemia was restored due to the void ab initio nature of the July 1998 RO decision reducing it to 60%. The restoration is subject to applicable laws and regulations regarding payment of monetary benefits.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination. The issues of increased rating for PTSD, total disability based on individual unemployability, service connection for kidney condition, and service connection for liver condition are pending.

The Board has determined that the veteran's service-connected disabilities, including his gunshot wounds and shell fragment injuries, contributed to his death from chronic renal failure.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and eligibility for dependent's educational assistance under Chapter 35, as there was no evidence to support a finding that the veteran's death was due to a service-connected disability or exposure to Agent Orange. The veteran did not have a permanent and total service-connected disability at the time of his death.

The Board of Veterans' Appeals has determined that the veteran's service-connected kidney stones do not warrant a compensable initial rating, as there is no evidence of recurrent stone formation requiring therapeutic measures or symptoms such as colic, infection, or need for catheter drainage.

The veteran's appeals for increased ratings were denied. The RO granted service connection and assigned noncompensable evaluations to all disabilities except right ankle arthritis and residual of fracture of the right fibula, which was rated at 20 percent effective December 1, 1998.

The Board found that the appellant's Substantive Appeal of September 1994 was not timely filed, and therefore dismissed his appeal on the claim seeking service connection for a renal disorder.