Kidney disease decisions — 2001

The veteran's Huntington's disease is granted service connection, but there is no evidence of a kidney disability.

The Board has granted a 40 percent evaluation for the veteran's herniated lumbar disc and denied any increase in the rating for his chronic left flank pain, which is related to nonservice-connected kidney stones.

The Board found that the veteran's service connection claims for chronic heart and kidney disabilities were denied as there was no evidence of these conditions during his military service or within a year after separation. The claim is remanded to obtain additional medical opinions regarding the etiology of any current heart and/or kidney disability.

The veteran's claim for an increased evaluation for his service-connected chronic kidney disease with renal calculi was granted, resulting in a 60 percent disability rating.

The Board found that the veteran's cause of death was not caused by a service-connected disability and denied the claim for service connection for the cause of death.

The Board has remanded the case due to a significant change in the law brought about by the Veterans Claims Assistance Act of 2000, and because the Under Secretary for Benefits needs to review whether the veteran's kidney cancer resulted from exposure to radiation. The Dependents' Educational Assistance claim is also being remanded as it is intertwined with the service connection issue.

The Board found that the veteran's fatal pneumonia, congestive heart failure, and renal failure were not caused by his active service or any incident therein.

The Board found that VA's failure to provide the veteran with prednisone on his discharge from the hospital contributed to his death, and awarded DIC benefits under direct service connection.

The Board denied all service connection claims as there was no medical evidence supporting the presence or causation of the claimed conditions.

The VA has determined that the veteran's unauthorized medical expenses incurred on January 1, 2000 are eligible for reimbursement due to a medical emergency and because VA facilities were not feasibly available.

The veteran's hypertension is rated at 20 percent, which is the maximum rating available under current criteria. The residuals of uvulectomy are rated as noncompensable due to lack of severe symptoms. The renal lithiasis has not been evaluated further.

The Board has determined that the veteran does not have coronary artery disease, hypertension, or a kidney disorder due to service. The evidence does not show these conditions were present in service or within one year postservice.

The Board has granted an increased rating of 80 percent for hypertension with renal insufficiency effective from July 16, 1997 to January 11, 1998.

The Board has denied the veteran's claims of service connection for various conditions, including kidney disorder, foot disability, menstrual disorder, left ear hearing loss, psychiatric disability, hypertension, eye disability, hemorrhoids, and sinus disability. The evidence does not support a finding that these conditions were incurred or aggravated during active military service.

The veteran died of myocardial infarction due to coronary artery disease, and burial benefits are not granted as he was not service-connected for any disability at the time of his death.

The veteran's PTSD is rated at 10 percent, and his diabetes mellitus, hypertension, alcoholic hepatitis, sinusitis, and kidney stones are each rated at 10 percent. The Board found that the veteran's disabilities do not meet the criteria for a higher rating or pension benefits due to unemployability.

The veteran's scars from previous surgeries for kidney stones are rated at 10 percent each, effective May 2000.

The Board has determined that the cause of the veteran's death, hepatitis C, was not incurred or aggravated in line of duty during service and is therefore not service-connected.

The veteran's hepatitis B and related complications are not considered to be a result of VA medical treatment, thus his claim for compensation under 38 U.S.C. § 1151 is denied.

The Board found that the veteran's service-connected conditions did not cause or contribute substantially to his death, which was due to a cerebrovascular accident and chronic renal failure.