Kidney disease decisions — 2004

The Board found that the appellant's spouse did not have a service-connected disability during his lifetime, and therefore could not establish service connection for the cause of death. The claim was also denied for accrued benefits as the appellant filed her claim beyond the one-year time limit.

The Board has remanded the case for further development, including obtaining flight records and any other relevant medical evidence. The claims of service connection for diabetes mellitus and end stage renal failure will be reconsidered after all necessary steps are taken.

The veteran's claims for an increased evaluation and secondary service connection are being remanded to allow for additional development, including a VA examination.

The Board has granted the veteran's claims for service connection and initial ratings for anal fissure with sphincterotomy (30 percent) and left renal calculus (10 percent), effective from April 1998. The claim for a compensable rating for first-degree AV block is denied, as it does not meet the criteria under VA's Schedule for Rating Disabilities. The claim for a compensable rating for bilateral hearing loss is also denied.

The veteran's claims of service connection for kidney and back disorders are being considered, with a mixed disposition. The hearing loss claim is also addressed.

The veteran is seeking service connection for multiple myeloma and acute renal failure, which he claims are related to exposure to Agent Orange or asbestos during his military service. The case has been remanded due to the need for additional medical examination and consideration of new evidence.

The Board has determined that the veteran's current right kidney disability does not warrant a rating in excess of 30 percent.

The Board denied service connection for chest pain and breathing problems, but granted a 30% rating for hypertension with chronic renal insufficiency.

The Board denied the veteran's claims for service connection for cancer of the left kidney, cancer of the left tonsil, and cancer of the trachea, all claimed as due to herbicide exposure during service in Vietnam. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Board has remanded the case for additional development due to VCAA compliance issues and to obtain SSA records.

The Board has denied the veteran's claims for service connection for polycystic kidney disease with associated hypertension and maxillary sinusitis, finding that new evidence did not warrant reopening the claim, and concluding that the preexisting condition worsened during service.

The Board has dismissed the appeal due to the appellant's withdrawal of her appeal prior to a decision being made.

The Board denied service connection for hypertension, kidney stones, and gout as the evidence did not show these conditions were incurred or aggravated by active duty service.

The Board denied the veteran's claims for service connection for right renal cell carcinoma, chronic multiple joint pain, and bilateral hearing loss due to lack of evidence linking these conditions to his military service.

The veteran's claim for a higher rating for residuals of a left shoulder injury was granted at 10%, while his claim for a higher rating for renal calculi was denied.

The Board found that the veteran's death was not caused by a service-connected disability and denied all claims related to his death.

The Board has determined that additional development is needed to ensure compliance with the Veterans Claims Assistance Act of 2000 (VCAA) and other applicable laws, regulations, and VA guidance. The claims are being remanded for further action.

The Board denied reimbursement or payment for unauthorized medical treatment provided at the Medical Center of Plano on January 14, 1999 due to lack of prior authorization and because the veteran was not treated for a service-connected disability.

The Board denied the veteran's claims for service connection for a foot disorder, left eye disorder, and kidney disorder. The evidence did not support a causal link between these disorders and his military service.

The veteran's claim for unreimbursed medical expenses prior to November 1, 1999 was denied as these expenses were not considered in the annualization period. The veteran's claim for special monthly pension based on need for aid and attendance or housebound status was also denied.