Kidney disease decisions — 2004

The VA determined that the veteran's claimed acute renal failure is not related to his active service and denied his claim for service connection.

The Board has remanded the case for additional development of medical records and Social Security Administration (SSA) information to determine if the veteran's current heart and kidney conditions are related to his in-service history.

The Board denied the veteran's claim for payment or reimbursement of non-VA emergency services due to lack of VA treatment within 24 months prior to the incident and other legal requirements.

The veteran's renal failure and urinary incontinence are not considered to be due to VA medical treatment, as the conditions were not caused by negligence or carelessness on the part of VA.

The Board denied the veteran's claims of service connection for status post right radical nephrectomy for renal carcinoma, residuals of head injury, and neck disorder. The evidence did not establish a current disability or link these conditions to service.

The Board has determined that the veteran's end stage renal disease is due to kidney disease first manifested in service, and grants his claim for service connection.

The veteran's appeal is remanded for further development, including a VA examination to determine the nature and etiology of his cardiovascular disabilities and kidney disorder.

The Board found that the veteran's death was not caused by a service-connected disability and denied both his claim for service connection for cause of death and his claim for VA pension benefits.

The Board finds that the veteran's renal cell carcinoma is presumptively related to his service in Vietnam, where he was exposed to Agent Orange. The evidence raises a doubt as to whether this exposure caused his cancer, but given the presumption and other factors, the claim is granted.

The veteran seeks service connection for hypertension and chronic renal failure, both claimed as secondary to his service-connected diabetes mellitus. He also seeks a separate compensable evaluation for left-sided weakness, status post cerebrovascular accident, which is already service connected. The case must be remanded for further development.

The veteran's claims for service connection are being remanded due to the unavailability of his service medical records and a request for Social Security Administration (SSA) records is made.

The veteran's claims for service connection and SMC were granted by the RO on March 27, 2001. The appellant is seeking accrued benefits based on Nehmer stipulations, but there are no accrued benefits as the effective dates of the grants precede the date of payment.

The Board found no evidence linking the decedent's death to service, and denied the claim for service connection for cause of death.

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

The Board has reopened the claims of entitlement to service connection for anemia, kidney disease, headaches, sinusitis, a stomach condition, and right-sided hearing loss. However, it remains unclear whether these conditions were incurred in or aggravated by service due to lack of substantial evidence.

The Board found that the veteran's alcoholism did not cause his death, and thus denied service connection for the cause of death. The appellant is also not eligible for Dependents' Educational Assistance benefits.

The Board found that none of the veteran's service-connected conditions caused or contributed to his death, and thus denied the claim.

The Board has denied the veteran's claim for service connection for a right lung mass and left kidney removal, claimed as a result of tobacco use. The appeal is based on direct evidence rather than any presumption or secondary condition.

The Board has granted service connection for chronic kidney stone disability and eligibility for VA outpatient dental (Class II(a)) treatment on a one-time completion basis. The veteran's claim of service connection for tooth extractions is REMANDED to the RO.

The veteran's claim for an increased rating for vesicorenal reflux, Grade III, post-operative bilateral ureteroneocystotomy with pyelonephritis was denied as the evidence did not meet the criteria for a higher disability evaluation.