Kidney disease decisions — 2001

The veteran's death was caused by renal failure due to or as a consequence of chronic obstructive pulmonary disease and pneumonia, which is service-connected. The veteran also had basic eligibility for Dependents' Education Assistance (DEA) under the provisions of 38 U.S.C., Chapter 35.

The Board denied the appellant's claim for service connection for the cause of her husband's death, concluding that his alcohol-related condition was not related to his service-connected back disability and that he died from alcohol abuse.

The veteran's death was due to renal cell carcinoma with metastasis, including lung cancer. The Board found that the lung cancer was not caused by exposure to agent orange in service and denied service connection for both conditions.

The Board has remanded the case for further development due to new legal requirements and incomplete medical records.

The Board denied the appellant's claim that the veteran's death was caused by a disability incurred in or aggravated by active service, nor was it contributed substantially or materially to cause his death.

The veteran's claims for service connection for various conditions have been granted, with a 10 percent evaluation assigned for hypertension.

The Board found that the November 1995 rating decision denying service connection for various conditions was not clearly and unmistakably erroneous, and denied the veteran's claim for an increased evaluation of his cervical spine disability.

The Board found no credible medical evidence linking the veteran's throat and kidney disorders to treatment at a VA Medical Center, thus denying compensation benefits under 38 U.S.C.A. § 1151 for these conditions.

The Board denied service connection for the cause of the veteran's death, claimed as due to Agent Orange exposure, finding that there was no evidence linking any disease which caused or contributed to the cause of the veteran's death to herbicide exposure.

The Board has determined that there is no competent evidence of current kidney stones or residual disabilities attributable to an inservice kidney stone. The appellant's current disability, polycystic kidney disease, was not diagnosed until after service.,There is also no competent evidence of gout in service and the appellant did not present any competent evidence attributing post-service gout to service.

The Board denied the veteran's claims for service connection for skin cancer, kidney stones, carcinoma of the right kidney with a nephrectomy, and prostate cancer with a TURP, all claimed as due to exposure to ionizing radiation. The Board found that there was no evidence of current disabilities or in-service exposures.

The Board finds that the veteran's postoperative residuals of renal cell carcinoma were not incurred in or aggravated by active service, nor may it be presumed to have occurred within a year after service. The claim is therefore denied.

The veteran's claims for service connection for various conditions, including hypertension, kidney stones, muscle and joint pain, respiratory disorder, bleeding from the rectum and penis, fatigue, gastrointestinal disorder, sleep disturbance, headaches, and skin disorder, were denied as they are not attributable to his military service or an undiagnosed illness related to his Gulf War service.

The Board has granted service connection for polycystic kidney disease and assigned an effective date of December 21, 1987. The veteran's claim that the April 1972 rating decision was clearly and unmistakably erroneous in denying service connection for cystic disease of the right kidney is denied.

The Board found that the veteran's death was not caused by or related to his in-service syphilis, and thus denied service connection for the cause of his death.

The Board denied an increased rating for renal lithiasis, finding that the current 30 percent evaluation adequately reflects the veteran's symptoms and does not warrant a higher rating.

The veteran's claims for service connection for ulcer disease, pulmonary tuberculosis (PTB), kidney stone, hearing loss, eye disorder, and headache disorder were denied as there is no evidence of these conditions during or within one year after service.

The Board found that the cause of death, metastatic renal cell carcinoma, was not related to service exposure to Agent Orange. The claim for service connection based on direct or presumptive service connection without regard to exposure to Agent Orange is considered separately and denied due to lack of new and material evidence.

The veteran's cause of death was intractable congestive heart failure due to cardiomyopathy and renal failure. The Board found that these conditions were not related to his exposure to Agent Orange during service.

The Board found that the veteran's service-connected eye disability caused anxiety, which in turn led to hypertension and cardiovascular disease resulting in his death. The Board concluded that the service-connected eye disorder contributed substantially and materially to cause the veteran's death.