Kidney disease decisions — 2003

The Board found that the August 1964 rating decision denying service connection for kidney disability, residuals of an orchiectomy, and nervousness was not based on clear and unmistakable error (CUE). The claims were denied as there was no evidence of tuberculosis during active service or within any presumptive period.

The Board has determined that the veteran's injuries sustained in a motor vehicle accident on December 21, 1997 were incurred in the line of duty and are therefore compensable.

The Board denied service connection for the cause of the veteran's death, finding that his conditions were not related to his military service.

The Board found that the veteran's death was not caused by his service-connected disabilities, and denied all issues related to increased ratings for his service-connected conditions.

The Board has remanded the case to obtain additional medical records, including chest x-rays and hospitalization records, in order to determine whether the veteran's service-connected pulmonary tuberculosis contributed to his death.

The Board denied service connection for the cause of the veteran's death, concluding that no service-connected condition caused or substantially contributed to his death.

The Board denied the veteran's claim for service connection for the cause of his death and eligibility for Chapter 35 benefits based on a grant of service connection for the cause of the veteran's death due to lack of evidence linking any condition to military service.

The veteran's service-connected disabilities did not meet the criteria for additional dependency and indemnity compensation as of eight years prior to his death.

The veteran sustained a colostomy as a result of VA negligence during hospitalization, which was secondary to a decubitus ulcer. The claim for renal failure is denied.

The Board found that the veteran's low back disability, bilateral hip disability, and kidney disorder were not incurred in or aggravated by service based on the current medical evidence of record. The veteran was denied service connection for these conditions.

The Board has determined that the cause of the veteran's death was related to exposure to Agent Orange, and granted service connection for the cause of death on this basis.

The Board found that the veteran's genitourinary disability, including urethritis and recurrent kidney stones, is due to disease or injury incurred in service. The Board granted service connection for these conditions.

The veteran's claims for service connection for headaches, muscle and joint pain, sleep disturbance, memory loss, chest pain, diarrhea, nose bleeds, skin disability, residuals of a right shoulder injury, kidney stones, and gastroenteritis as manifestations of an undiagnosed illness have all been denied. The claim for service connection for these conditions is considered to be denied.

The veteran's appeal is about the evaluation for his service-connected genitourinary tuberculosis and its residuals. The RO has decided to remand this case due to additional evidence needing consideration.

The Board has denied the veteran's claims for service connection for hearing loss, kidney disease, urinary incontinence, and lumbar spine condition.

The Board has ordered further development in the veteran's case, including obtaining medical records from Dr. Gordon and deciding whether to grant service connection for a psychiatric disorder other than PTSD and/or a kidney disorder as secondary to the service-connected psychiatric disability(ies), to include PTSD.

The Board has granted service connection for a kidney disorder manifested by bladder symptoms with overflow and DDD, DJD, and spondylosis of the cervical, thoracic, and lumbar spine. The issue of entitlement to service connection for a sinus disorder is remanded due to failure to provide a Statement of the Case.

The Board has granted service connection for hypertension, end stage renal disease, and gouty arthritis on a secondary basis to the veteran's service-connected conditions.

The veteran died of chronic renal failure due to diabetes mellitus. The Board finds that the service-connected psychoneurosis did not contribute substantially or materially to cause his death.

The veteran died in 1997 with cancer of the esophagus and metastasis to the liver and kidney. His service-connected disabilities did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.