Kidney disease decisions — 2004

The Board denied the veteran's claim for service connection for bilateral kidney cancer, finding that it was not present during or after his military service and is not etiologically related to service or a service-connected condition.

The Board denied entitlement to special monthly pension based on the need for aid and attendance of another person, as well as at the housebound rate. The appellant's disabilities do not meet the criteria for these benefits.

The veteran was granted service connection for PTSD, a back disorder, defective hearing, tinnitus, and gastrointestinal disorders as a result of exposure to ionizing radiation. The other issues were not granted.

The Board found that the veteran's death was not caused by service-connected conditions, and denied both claims for service connection for the cause of death and educational assistance benefits under Chapter 35. The appellant's claim for service connection due to Agent Orange exposure is considered 'unknown' as it does not fall within the scope of the appeal.

The Board has remanded the case for further development, including obtaining medical opinions and evidence to determine if the veteran's current right kidney stone is related to his service.

The Board denied the veteran's claims for service connection for kidney condition and prostate problem, finding that new and material evidence had not been received to reopen the kidney condition claim and that there was no competent evidence linking the current prostate problem to military service.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking any disability to his military service.

The veteran died in September 2001 and was not service-connected for any disability at the time of his death. His body was not held by a State or subdivision of a State, nor did he die from a service-connected cause while properly hospitalized by VA. Therefore, burial benefits were denied.

The Board denied the veteran's claim for a disability rating in excess of 20 percent for his service-connected kidney stones, finding that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board found that the evidence did not support a finding of service connection for the cause of the veteran's death, and denied the claim on grounds of CUE.

The veteran's appeal is being remanded to the RO for additional development due to incomplete VCAA notice.

The Board denied the appellant's claims of service connection for diabetes mellitus Type II and vertigo, as well as his attempts to reopen claims for cataracts, burns on the left side of the face, anxiety with insomnia, hypertension with cardiac distress, and a kidney disorder. The Board found that new evidence did not raise a reasonable possibility of substantiating these claims.

The Board has determined that the veteran's kidney disease is not secondary to his service-connected hypertension.

The veteran was granted special monthly compensation benefits based on being housebound, with one disability rated as 100 percent disabling and others in combination rated at 60 percent or more. The effective date is not specified because the claim is for accrued benefits purposes.

The Board has granted service connection for dysthymia, which is secondary to the veteran's service-connected renal disability. The RO must assign an evaluation for this condition and consider whether a separate evaluation is warranted for post-operative scars associated with the renal disability. Additionally, the RO should obtain VA treatment records from Northport Medical Center and any private care provided by Dr. Waldbaum. The TDIU claim will be remanded to determine if the veteran's service-connected disabilities render him unemployable.

The Board denied the veteran's claims for service connection for various conditions, including cardiovascular disease and renal insufficiency, secondary to his service-connected diabetes mellitus. The issues of service connection for gout and arthritis of the hands and feet were also denied.

The Board found that the veteran's kidney disorder did not begin during service and was not caused by any incident of service. As a result, the claim for service connection for a kidney disorder is denied.

The Board denied the veteran's claims for service connection for prostate cancer and kidney cancer, both of which are presumed to be related to exposure to ionizing radiation. However, due to a lack of evidence showing that the veteran was exposed to such radiation in service, his claims were not granted.

The veteran's claims for service connection for pancreatitis, type II diabetes mellitus, coronary artery disease, and kidney stones are being remanded due to the need for additional evidence.

The Board denied the veteran's claims for service connection for hepatitis B positive antibody and atrophy of the left kidney, both claimed as due to exposure to herbicide agents. The issues were not decided on the merits.