Kidney disease decisions — 2001

The Board denied the reopening of the claim for service connection for chronic renal failure and hypertension, finding that no new and material evidence had been submitted.

The Board denied a compensable rating for the veteran's service-connected right renal calculi with minimal strictures on the anterior urethra, finding that his current condition does not meet the criteria for a higher rating.

The Board has granted a 10 percent disability rating for the veteran's service-connected thoracotomy and laparotomy scars, effective from September 9, 1991. The veteran also received a 10 percent disability rating for his residuals of a gunshot wound to the right chest and abdomen with laceration of the liver and kidney.

The Board denied service connection for the cause of the veteran's death and denied entitlement to VA death pension benefits due to lack of evidence linking the causes of death to his military service.

The Board has remanded the veteran's claims to the RO for further development, including obtaining additional medical records and opinions regarding whether ESRD is secondary to medication prescribed during service or by VA.

The veteran's service-connected hypertensive heart disease, hypertension, renal insufficiency and nephrotic syndrome is rated at the maximum schedular rating of 100 percent.

The Board has reopened the veteran's claim for service connection for postoperative residuals of renal cancer, including a right radical nephrectomy, due to exposure to ionizing radiation. The evidence submitted since the previous final denial supports this conclusion.

The Board has remanded the case due to insufficient evidence regarding the veteran's service in Vietnam and his exposure to herbicides. The claim for diabetes mellitus is presumed based on herbicide exposure, but further development is needed for other conditions.

The veteran's need for aid and attendance of another person was established as factually ascertainable from July 23, 1999. Effective date of special monthly pension based on the need for aid and attendance of another person is set at July 23, 1999.

The Board granted service connection for the cause of death due to arteriosclerotic cardiovascular disease, which was found to be related to multiple episodes of malaria and quinine treatment during service. The veteran's DEA claim is also addressed.

The Board denied the veteran's claims for service connection for various conditions, including a kidney mass, respiratory disorder, left clavicle/sternum disability, sleep disorder, diabetes mellitus, and bone condition/fibromyalgia. The appeals were based on direct evidence of these conditions rather than exposure to herbicides or other presumptive factors.

The veteran's service-connected conditions did not meet the criteria for special monthly compensation based on aid and attendance or housebound status, as his condition was such that he required care from another. His claims for increased ratings were denied, and some of his service connection claims are moot due to death.

The Board denied the veteran's request to reopen his claim for service connection for a kidney disorder, finding that no new and material evidence had been submitted.

The Board has determined that the veteran did not incur additional renal disability as a result of VA treatment, and therefore denied his claim for compensation under 38 U.S.C.A. § 1151.

The veteran's death was determined to be due to metastatic prostatic carcinoma as a consequence of renal failure, which is linked to his service-connected neurogenic bladder with patch graft urethroplasty. The Board found that the loss of the right kidney contributed to the veteran's death.

The Board denied service connection for a renal disorder and an increased rating for hypertension, but granted an increased rating for the service-connected hypertension with atherosclerotic vascular disease.

The Board has remanded the veteran's claims due to new legal requirements under the Veterans Claims Assistance Act of 2000, and additional development is needed including obtaining medical opinions on the nature and etiology of any current conditions.

The Board denied the claims of service connection for a blood disorder, kidney condition, and skin condition as secondary to exposure to ionizing radiation. The appellant did not present competent medical evidence linking his claimed disorders to his active military service or claimed exposure to ionizing radiation.

The veteran's overpayment of special monthly pension was waived due to his severe health problems and financial hardship.

The veteran's claim for special monthly pension based on the need for aid and attendance of another person or at the housebound rate is remanded due to incomplete medical information. The RO must schedule VA examinations, review the claims file, and issue a supplemental statement of the case (SSOC).