Kidney disease decisions — 2004

The Board has determined that the case requires further development due to incomplete records and a need for additional medical opinions.

The Board dismissed the appeal of the issues of entitlement to compensation under 38 U.S.C.A. § 1151 for chronic prostatitis and right arm discoloration, as the appellant withdrew these issues prior to the Board entering a decision.

The Board found that the veteran does not require daily personal health care services or daily skilled services, and thus is not in need of regular aid and attendance for special monthly pension purposes.

The Board has remanded the case due to the need for further medical assessment and opinion regarding whether the veteran's hypertension caused or worsened his fatal renal disease.

The Board found no evidence of a current right kidney disorder, hypertension, or heart murmur related to service-connected diabetes mellitus. The claims for these conditions were denied.

The veteran's claims for an increased rating for his left kidney disability and SMC based on housebound status have been denied. His left kidney disability is primarily manifested by pain, but does not meet the criteria for a compensable rating under VA regulations. The veteran has no additional service-connected disabilities independently ratable at 60 percent or more, nor does he qualify as permanently housebound due to his service-connected psychiatric disorder.

The Board denied the veteran's petition to reopen his claim for service connection for postoperative residuals of a left kidney removal, to include scarring. The evidence submitted since the March 1991 denial is not new and material.

The Board has determined that the case must be remanded for further action, including development of medical evidence to determine if the veteran's Addison's disease renders him unemployable and adjudication of a claim for TDIU.

The veteran's death was caused by malignant neoplasm, bronchogenic. Hypertension and renal failure significantly contributed to his death. The service-connected anxiety reaction did not play a significant role in causing or accelerating the death.

The Board found that the veteran does not have current renal tubular acidosis and denied his claim for service connection.

The Board has denied the veteran's claim for service connection for left kidney removal, finding no competent medical evidence to show a link between the condition and his military service.,However, the Board granted service connection for abdominal burn scars, attributing them to service based on consistent findings of first-degree burns in service.

The Board denied the veteran's claims for service connection for back, kidney, and liver disorders due to a lack of in-service disease or injury and a lack of medical nexus.

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

The Board has determined that the veteran's GERD, kidney disorder, and venous insufficiency of the lower extremities are all service-connected. The veteran served in the Navy from January 1953 to February 1973.

The Board has reopened the veteran's claim for service connection due to new and material evidence. The claims for left leg disability, kidney condition, liver condition, cold injuries, and psychiatric disability are all denied as there is no direct evidence linking these conditions to service.

The Board has determined that the appellant's current additional permanent renal disability was proximately caused by an event not reasonably foreseeable, namely a large posterior bulbar urethral disruption at the time of VA placement of a Foley catheter in December 2000. The criteria for entitlement to compensation under 38 U.S.C.A. § 1151 for additional renal disability have been met.

The veteran's claimed conditions were not found to be related to his military service, including exposure to herbicide agents. The Board determined that the disorders listed on the title page did not result from disease or injury in service.

The veteran is seeking service connection for diabetes mellitus and a kidney disorder, which he claims are related to his exposure to Agent Orange during his time in Korea. The case has been remanded due to the need to obtain additional medical records and verify the veteran's unit assignments.

The Board denied service connection for the cause of the veteran's death due to a metastatic renal cell carcinoma, which was not present in service or manifest until many years post-service.

The Board found that the veteran's diabetes mellitus and renal disability were not incurred during active service, as there is no evidence of these conditions in the service medical records. The Board concluded that the current disabilities are not related to service.