Kidney disease decisions — 2003

The Board has denied the veteran's claims for reopening service connection for anxiety neurosis, right knee injury, and left kidney disability due to lack of new and material evidence.

The Board denied service connection for the cause of the veteran's death, concluding that there was no evidence linking any service-connected disability to his cause of death.

The VA denied the veteran's claim for an initial evaluation in excess of 20 percent for diabetes mellitus, as his condition did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has remanded the case for additional development, including obtaining medical records and arranging VA examinations to determine the current nature and severity of the service-connected bilateral foot disorder and pyelonephritis of the kidneys.

The Board denied service connection for cause of the veteran's death and denied entitlement to dependency and indemnity compensation under the provisions of 38 U.S.C.A. § 1318 due to lack of evidence linking the causes of death to service.

The Board denied the veteran's claims for service connection for a chronic kidney disorder and schizophrenia. The Board found no new and material evidence to reopen the claim of schizophrenia, and concluded that there was insufficient evidence to establish a nexus between the veteran's current conditions and his military service.

The Board found no evidence of a chronic disability related to the appellant's active service, including for his claimed back disorder (including arthritis), kidney disorder, and prostate disorder. The claims were denied as there was insufficient medical evidence linking these conditions to service.

The Board found that the evidence does not support a conclusion that the veteran's service-connected lumbar spine disability resulted in extensive bed rest, which would have aggravated his kidney stones. The right elbow injury is also denied as there are no limitations or abnormalities noted.

The Board has denied the veteran's claims of service connection for heart disorder, kidney disorder, and lung disorder due to lack of evidence linking these conditions to service or any presumptive period.

The Board found no evidence of a chronic kidney disability in service or after service and denied the veteran's claim for service connection.

The Board has remanded the case due to incomplete records and a need for further development.

The veteran's unauthorized medical expenses for treatment of a left renal calculus were denied because the treatment was not for a service-connected disability or a condition associated with and aggravating a service-connected disability.

The Board has granted secondary service connection for the veteran's polycystic kidney disease, finding that it was aggravated by his service-connected hypertension and PTSD. The other issues remain unresolved.

The Board found that the veteran's death was not caused by a service-connected disability, and thus denied claims for service connection for the cause of death, DIC benefits, and accrued benefits.

The Board found that the veteran's right renal cell carcinoma with metastases to the lung was not incurred in or aggravated by service, and is not related to a service-connected disability. The claim for service connection was denied.

The Board has determined that the veteran was exposed to Agent Orange during service in Vietnam, and thus may be presumed to have been exposed to herbicide agents. The evidence supports a finding of service connection for renal cell carcinoma as a residual of such exposure.

The Board has determined that the veteran's PTSD, with superimposed major depression, was incurred in active military service and granted service connection for this condition.

The Board denied service connection for the cause of death due to lack of evidence linking the veteran's service or service-connected disabilities to his death.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now being sent back to the RO for examination and review.

The Board denied the veteran's request to waive recovery of an overpayment of $2,000 in non-service connected pension benefits due to his fault in not reporting concurrent receipt of Social Security benefits.