Kidney disease decisions — 2003

The Board has denied the veteran's claims for service connection for kidney stones, stomach disorder, skin disorder, bilateral shoulder disorder, and bilateral hand disorder. The veteran was granted service connection for PTSD as a manifestation of exhaustion during his Persian Gulf War service.

The Board has granted service connection for the veteran's medullary sponge kidney, finding that it is likely due to disease or injury incurred during military service and aggravated by such service. The total rating for compensation purposes based on individual unemployability will be addressed in a separate remand.

The Board has ordered further development due to pending issues regarding the veteran's kidney disorder. The case is now being sent back for additional examination and consideration.

The Board denied the veteran's claims for service connection for chronic psychiatric disorder, chronic liver disorder, diabetes mellitus, and chronic kidney disorder due to lack of evidence supporting these claims.

The Board found that the veteran's service did not contribute to his cause of death, which was listed as portal systemic encephalopathy stage IV, acute renal failure and acute respiratory failure. The Board determined there was no evidence linking these conditions to his active duty service.

The Board denied service connection for tuberculosis, a respiratory disorder other than tuberculosis, vertigo, and kidney disorder based on the lack of evidence linking these conditions to active military service.

The Board denied the veteran's claims for service connection for low back disability, arthritis, leg cramps, diabetes mellitus, and kidney disability. The decision is final as to the low back disability claim since new and material evidence was not submitted.

The Board has determined that additional development is necessary and the case is REMANDED to the RO for obtaining medical records, scheduling a neurological examination, vascular examination, and kidney examination. The claims will be readjudicated after these actions.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the nature and etiology of various conditions claimed by the veteran.

The Board has determined that the veteran's residuals of injury to the anal sphincter with laceration of the perineum and spleen and contusion of the left kidney and pancreas with obstructive bowel syndrome warrant a 30 percent rating, but not higher.

The Board denied the appellant's claims for service connection for cause of death secondary to Agent Orange exposure and entitlement to Dependents' Educational Assistance, finding that there was no evidence linking the veteran's conditions to his military service or Agent Orange exposure.

The Board denied the veteran's claims for increased ratings for cholecystectomy, residuals of appendectomy, phlebitis, right lower extremity, and multicystic kidney disease. The evidence did not support higher evaluations under the applicable rating criteria.

The Board has ordered further development due to the need for additional evidence. The case is now being remanded for a genitourinary examination and review of medical records.

The Board found that the veteran did not have additional disability due to VA treatment, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board has determined that new and material evidence has not been presented to reopen the veteran's claims for service connection for COPD, liver and pancreas masses, and residuals of left kidney carcinoma with nephrectomy and renal failure. The RO decisions denying these claims were final.

The Board has determined that the veteran's claimed kidney, bilateral knee, bilateral foot, right hand, and right wrist disabilities are not related to his active service or exposure to Agent Orange in Vietnam.

The veteran's claim for an increased evaluation for his transurethral resection of the prostate and bladder neck with history of atonic bladder and kidney stones was granted, effective July 27, 2003.

The Board denied the appellant's claims for service connection for varicose veins of the right leg and a left leg disability, claimed as a foot injury. The veteran died from metastatic prostate cancer, myocardial infarction, renal failure, and liver failure.

The Board found that the cause of the veteran's death was not service-connected and denied both the claim for service connection for the cause of death and the eligibility for Dependents' Educational Assistance under Chapter 35.

The Board has remanded the case for compliance with the Veterans' Claims Assistance Act of 2000 (VCAA) and further development to determine if there is a current kidney cancer or any ill effects from ionizing radiation exposure.