Kidney disease decisions — 2002

The veteran's service-connected benign smooth muscle tumors, both kidneys, status post bilateral partial nephrectomy with renal dysfunction, stress urinary incontinence and hypertension is rated at 80 percent effective from May 13, 2002.

The veteran's appeal was denied for multiple conditions, including service connection claims and rating increases.

The Board has determined that the garnishment of the veteran's VA disability compensation benefits is warranted by law, as it pertains to child and spousal support obligations.

The Board denied the claim for service connection for the cause of the veteran's death, finding that sepsis was not related to any in-service disease or injury and no service-connected condition contributed to his death.

The Board found that the veteran's cryoglobulinemia with renal insufficiency was not present during or until many years following active duty, and it did not result from any in-service disease or injury.

The veteran's service connection claim for diabetes mellitus was granted due to presumed exposure in Vietnam. The Board also noted the presence of other conditions but did not address their specific service connection.

The Board found that the veteran's death was not caused by a disease associated with herbicide exposure, and thus denied service connection for the cause of his death. The medical evidence did not support a direct link between the veteran's conditions (Progressive Systemic Sclerosis and Chronic Renal Failure) and his military service.

The veteran's death was not due to or the result of disease incurred in or aggravated by service, and his service-connected disabilities did not contribute substantially or materially to cause his death. The appellant's claim for compensation under 38 U.S.C.A. § 1151 for the cause of death has also been denied.

The Board denied the veteran's request to restore service connection for his right kidney condition, concluding that it was congenital and not aggravated by service.

The Board has denied the appellant's claims for service connection for a bilateral eye disability, kidney disability, testicular damage, and edema in both legs as these conditions were not shown during service or linked to service.

The veteran's claim for a permanent and total disability rating for non-service connected pension purposes is being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Board denied the veteran's claims for service connection for renal cancer with right ureterectomy, right nephrectomy and partial cystectomy due to exposure to herbicide agents (Agent Orange), exposure to ionizing radiation, or on a direct basis.

The Board has determined that new and material evidence has not been presented to reopen the veteran's claims for service connection for a psychiatric disorder including dysthymic disorder as secondary to his left kidney removal, and for a right kidney disorder as secondary to his left kidney removal. The decision is mixed, with some issues granted and others denied.

The Board has reopened the veteran's claim of entitlement to service connection for a kidney disability due to new and material evidence submitted since the last final denial. The issue remains on its merits.

The Board denied the claim for service connection for the cause of the veteran's death, finding that his hypertension and hepatic failure did not have a direct link to his active duty service.

The Board finds that the veteran does not have a present cardiovascular-renal disability, including hypertension. Therefore, service connection for these conditions is denied.

The Board found that the veteran's cardiovascular disorder did not develop due to radiation exposure in service and denied his claim for service connection.

The Board determined that the veteran's death was not due to or caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran's death was not caused by VA medical treatment, and the conditions leading to his death were present before admission. The Board denied DIC under 38 U.S.C.A. § 1151.

The Board denied the veteran's request to reopen his claim for service connection for ureteropelvic junction obstruction of the left kidney, finding that no new and material evidence had been presented.