Kidney disease decisions — 2005

The case is being remanded for a Travel Board hearing and further development of the claims.

The Board denied service connection for loss of teeth due to trauma and granted service connection for kidney stones with an initial noncompensable rating. The veteran disagrees with the noncompensable rating for his kidney stones and has appealed this issue.

The veteran's diabetes mellitus II warrants a 40 percent disability rating for the period between November 20, 2001 and January 8, 2002. The veteran is not entitled to an increased rating for his diabetes mellitus prior to that date or on or after January 9, 2002.

The Board found that the veteran's cause of death, metastatic renal cell carcinoma, was not caused or contributed to by service-connected conditions. The evidence did not show a link between the veteran's exposure to herbicides and his renal cancer.

The veteran's claim for an earlier effective date for the grant of service connection for renal disease was denied. The RO granted service connection for diabetes mellitus, effective January 24, 2001, and also granted an earlier effective date of January 24, 2001, for service connection for renal disease on the basis that it was proximately due to the service-connected diabetes mellitus.

The Board found that the veteran's cause of death, metastatic renal cell cancer, was not caused or contributed by a service-connected condition. The service-connected ulcerative colitis did not contribute to his death.

The Board denied service connection for kidney disease as secondary to service-connected hypertension due to the lack of medical evidence showing that the veteran's current kidney disease was proximately due to or the result of his service-connected hypertension.

The Board has granted service connection for kidney disease as secondary to hypertension and has also granted entitlement to TDIU based on the veteran's multiple medical conditions, including coronary artery disease, hypertension, diabetes mellitus, and renal insufficiency.

The Board has denied all service connection claims for hypertension, kidney disorder, liver disorder, circulatory disorder, impotence, and arthritis in unspecified joints as secondary to service-connected diabetes mellitus.

The veteran seeks a higher initial evaluation for recurrent kidney stones, including on the basis of extraschedular factors. The case is being remanded to obtain additional VA and non-VA clinical records from September 2001 to the present.

The veteran's claims for an earlier effective date and CUE in a January 1999 rating decision are being remanded due to the need for VCAA compliance.

The veteran's appeal is remanded due to the need for a current VA examination to evaluate his kidney disorder, as the most recent evaluation was conducted over five years ago.

The Board is remanding the case to determine if service-connected hypertension contributed to the veteran's death due to renal failure and esophageal cancer.

The Board has determined that the veteran's current genitourinary disorders, including prostate cancer, diverticulosis, and hepatic cysts, are not related to his service or any in-service asbestos exposure. The veteran's prostatitis is considered a chronic condition incurred during service.

The Board determined that the veteran's kidney disorder was not incurred in or aggravated by active service, including his POW experience, and denied his claim for service connection.

The Board denied the appellant's claims for service connection for cause of death secondary to Agent Orange exposure and entitlement to Dependents' Educational Assistance, finding that there was no evidence linking the veteran's conditions to his military service or Agent Orange exposure.

The Board has determined that the veteran's claimed conditions were not incurred or aggravated during service and denied all claims.

The Board denied the claim for service connection for the cause of death, finding that renal cell carcinoma was not incurred in or aggravated by active service and did not have a nexus to Agent Orange exposure. The Board also found that no service-connected disability contributed substantially or materially to the veteran's death.

The Board has denied the veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance of another person (A&A) or housebound status, for accrued benefit purposes. The RO is instructed to obtain all outstanding records from the Salisbury VAMC and readjudicate the case in light of these records.

The Board has remanded the issue of service connection for a right knee disorder due to new evidence submitted by the veteran. The other claims remain pending.