Kidney disease decisions — 2001

The VA has determined that the veteran does not have any residual disability associated with his service-connected inactive renal tuberculosis with bilateral epididymectomy, and therefore denies a compensable evaluation for this condition.

The Board denied the appellant's claims for service connection due to lack of well-groundedness, and requested additional medical evidence from SSA.

The Board has determined that the veteran's hospitalization at S.A. Medical Center was an emergency and VA facilities were not feasibly available, thus allowing for reimbursement of unauthorized medical expenses incurred from December 27, 1993 to January 11, 1994.

The veteran's kidney disorder is determined to be secondary to his overuse of antacid medication for his service-connected gastrointestinal disability (subtotal gastrectomy).,The cause of the veteran's death by end-stage renal disease is also considered secondary to his service-connected gastrointestinal disability.

The Board has determined that the effective date for the award of DIC benefits should be February 1, 1997, the date of the veteran's death.

The veteran's irritable bowel syndrome, essential hypertension, and left renal calculus are presumed to have been incurred during service. The right visual field defect as a postoperative residual of the right orbital cavernous hemangioma is assigned a 10 percent rating. A separate compensable rating for Horner's syndrome associated with the right orbital cavernous hemangioma is granted.

The Board denied the veteran's request for an effective date prior to August 19, 1998, for a grant of service connection for renal disease.

The Board denied the claims for service connection for cardiovascular and kidney disabilities, as well as other issues including a total rating based on individual unemployability. The effective dates for increased ratings were not earlier than May 12, 1992.

The Board denied the veteran's claim for service connection for renal cell carcinoma with metastasis to the right proximal femur, status post nephrectomy and resection of the right femur. The case was remanded due to insufficient evidence regarding exposure to Agent Orange.

The Board has determined that the veteran's death was caused by his pre-existing conditions, specifically malignant hypertension and hypertensive kidney disease. The failure to provide timely dialysis hastened his death.

The veteran's ureterolithiasis is currently rated at 30 percent, the maximum under Diagnostic Code 7510. The veteran has a history of recurrent kidney stones and was instructed to increase his water intake to pass these stones.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and DIC under 38 U.S.C.A. § 1318, finding that there was no evidence linking any disability to service or showing a 10-year period of total disability due to a service-connected condition.

The veteran's unauthorized private hospital care from April 20, 2000 to April 24, 2000 was denied reimbursement or payment due to the lack of a service-connected condition for which VA medical facilities were not feasibly available.

The Board has determined that the veteran's heart condition with residuals of a heart transplant may not be disassociated from military service, and thus grants entitlement to service connection for this condition.

The Board has ordered additional development to determine if the veteran's service-connected disabilities contributed to his death, and whether any disability of service origin caused or significantly impacted upon his death.

The Board denied service connection for the cause of the veteran's death, concluding that there was no evidence showing a direct link between any service-connected disability and his death.

The Board found that the May 15, 1978 rating decision reducing the right knee disability from 20% to 10% did not constitute clear and unmistakable error (CUE). The veteran's claim for service connection for glomerulonephritis, pyelonephritis, with end stage renal disease was denied as secondary to Agent Orange exposure.

The Board has determined that the veteran does not have a current kidney disorder and there is no evidence linking any such disability to service. Therefore, service connection for a kidney disorder is denied.

The Board found that the veteran's polycystic kidney disease was not incurred or aggravated during her military service and denied her claim.

The Board denied the veteran's claims for service connection for asbestosis and various respiratory, kidney, and chest conditions due to a lack of evidence supporting these claims.