Kidney disease decisions — 2005

The Board has determined that the veteran does not have a diagnosed kidney disorder or other undiagnosed illness manifested by trouble concentrating, and thus service connection is denied.

The veteran died of sepsis due to renal and cardiac failure as a consequence of his diabetes mellitus while hospitalized at the Hospital San Cristobal. The Board concludes that he did not meet the criteria for nonservice-connected burial benefits because he was not properly hospitalized by VA at the time of his death.

The Board has denied the veteran's request to reopen his claim for service connection for a kidney disability, finding that the new evidence submitted does not raise a reasonable possibility of substantiating the claim.

The veteran's kidney disability, characterized by elevated BUN and creatinine levels, has not met the criteria for an initial evaluation in excess of 60 percent.

The Board denied service connection for the cause of the veteran's death and eligibility for dependents' educational assistance benefits under 38 U.S.C.A. Chapter 35 due to lack of evidence showing that his service-connected disabilities contributed substantially or materially to his death.

The Board denied the claim for service connection for the cause of the veteran's death, finding no nexus between any service-connected disability and the cause of death.

The Board has remanded the case for further development due to issues related to service connection for the cause of the veteran's death, including whether renal cancer is secondary to Agent Orange exposure.

The Board found that the veteran's cause of death (malignant lymphoma, recurrent) was not related to his military service and therefore denied the claim for service connection.

The Board denied service connection for cancers of the bladder, lung, colon, kidney, and bones for purposes of accrued benefits due to lack of evidence linking these conditions to active duty. The cause of death was also denied as there is no probative medical evidence establishing a nexus between the veteran's fatal cancer and his military service.

The Board has dismissed the appeal of the issue regarding service connection for a kidney disorder associated with pulmonary sarcoidosis due to the appellant's withdrawal.,VA determined that arteriosclerotic heart disease is not proximately due to or the result of service-connected pulmonary sarcoidosis.

The Board found that the cause of the veteran's death, ischemic cardiomyopathy, was incurred as a result of service or a service-connected disability.

The veteran's claims for service connection for PTSD, ED as secondary to diabetes mellitus, kidney stones, and hearing loss were all denied.

The Board has remanded the case due to incomplete medical records, and the veteran is asked to provide information about the treatment he received for kidney stones in November 1991.

The Board has determined that the veteran's kidney stones, which require diet therapy to control, warrant a 30 percent evaluation.

The Board has denied the veteran's claims for service connection for a stomach disorder, kidney disorder, and hypertension as there is no competent medical evidence showing these conditions were incurred in or aggravated by his military service.

The Board found no legal basis to award an earlier effective date for the establishment of service connection for the veteran's kidney disorder with renal failure, as there was no formal or informal claim submitted prior to November 30, 1992.

The veteran's cause of death was not caused by any service-connected condition, nor could it be presumed to have been caused by exposure to herbicides. The Board found no positive association between the veteran's exposure to herbicide agents and his cancer.

The Board found that the veteran's cause of death, renal failure and prostate cancer, were not incurred in or aggravated by active service. The cancers were also not proximately due to or the result of a service-connected disease or injury. Additionally, there was no evidence showing that any of the veteran's service-connected conditions caused or contributed substantially or materially to his death.

The veteran's claim for special monthly pension based on the need for aid and attendance was denied as he is not blind or nearly blind in both eyes, does not require regular aid and attendance due to his disabilities, and lives independently.

The Board has decided to remand the case for additional development, including obtaining records of the veteran's periods of active duty or active duty for training and his medical treatment related to tuberculosis and ear problems. The AOJ will determine if a VA examination is needed.