Kidney disease decisions — 2001

The veteran's bilateral hearing loss is due to acoustic trauma incurred in service. The RO granted service connection for tinnitus as secondary to noise trauma during service.

The Board finds that the appellant's claim for accrued pension benefits was filed in a timely manner, and that the requirements for entitlement to accrued benefits based on the veteran's entitlement to increased disability pension benefits during the income reporting year immediately prior to his death due to exclusion of unreimbursed medical expenses from countable income are met.

The veteran claims service connection for Relapsing fever with damage to the heart and kidney(s). The Board finds that a VA examination is needed to determine if his current cardiac or renal disorder is related to contracting Relapsing fever during service.

The Board denied service connection for the cause of death due to sepsis, attributed to decubitus ulcers on the veteran's heel. The Board found that diabetes mellitus and renal failure contributed significantly but service-connected varicose veins did not play a substantial role in causing or contributing to the veteran's death.

The veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations and the provision of a complete medical history.

The Board denied the appellant's claim for an earlier effective date of May 27, 1999 for service connection granted for end stage renal disease on continuous ambulatory peritoneal dialysis.

The Board finds that the veteran's death was caused by VA care during his terminal period of hospitalization, and compensates him as if service-connected.

The Board denied the veteran's claims for service connection for a fracture of the right ring finger and for removal of the left kidney. The decision on the fracture claim was based on the lack of current evidence, while the decision on the kidney removal claim was final due to the veteran not filing a timely appeal.

The Board has denied the appellant's claims for service connection for right foot disorder, chronic kidney stones, and skin disorder. The claim of new and material evidence for pension purposes is also denied.

The Board has remanded the case for additional development due to incomplete medical records and examination reports.

The Board has determined that the veteran's service-connected post-operative residuals of bronchiectasis contributed substantially and materially to his cause of death. The appellant is also eligible for dependents' educational assistance benefits under Chapter 35, Title 38, United States Code.

The Board has reopened the claim for service connection for the cause of the veteran's death and granted it. The cause of death was renal failure, which is not directly related to any service-connected disability. The appellant did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 or accrued VA compensation benefits.

The Board has determined that the veteran's service-connected neurosis is not aggravated by his nonservice-connected disabilities, including anorexia, renal disorder, and bradycardia with hypotension.

The VA has determined that the veteran's service-connected arrested tuberculosis of the right kidney does not warrant a compensable evaluation, as it is currently asymptomatic and inactive.

The Board denied the veteran's claim for an earlier effective date of July 8, 1999, for his non-service-connected disability pension benefits due to lack of evidence showing he was prevented from applying for pension benefits for a period of at least 30 days beginning on the date he became permanently and totally disabled.

The Board found that the veteran's disabilities do not render him unemployable due to his alcohol and substance abuse, which led to periods of unemployment. The veteran was therefore denied a permanent and total disability rating for pension purposes.

The Board has remanded the case for additional development and readjudication, including obtaining medical opinions on the etiology of any kidney disability found. The veteran's claim will be reviewed in light of all applicable evidence and legal authority.

The Board has remanded the case for additional development due to changes in the law, including the Veterans Claims Assistance Act of 2000.

The veteran died in August 1985 due to prostate cancer with metastases. The appellant claims that the death was caused by VA medical treatment, and seeks DIC under section 1151 of Title 38, United States Code.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death due to lack of new and material evidence, despite the veteran having been a prisoner of war.