Kidney disease decisions — 2005

The Board has determined that the veteran's service-connected conditions do not meet the criteria for a total rating based on individual unemployability due to service-connected disabilities.

The Board dismissed the appeal due to the veteran's death, and thus no merits determination could be made.

The Board found that the cause of death, renal cell carcinoma with pulmonary metastases, was not caused by or substantially contributed to by a service-connected disability. The veteran's PTSD did not contribute to his death from renal cell carcinoma. Therefore, DIC benefits were denied as there is no evidence of continuous total disability for 10 years prior to death.

The Board has determined that the veteran does not have current diagnoses of coronary artery disease or kidney condition, and thus his claims for service connection are denied.

The veteran's death was not caused by a service-connected disability, and he did not have a permanent total service-connected disability at the time of his death. Therefore, eligibility for Dependents' Educational Assistance Benefits under Chapter 35 is denied.

The veteran's service-connected conditions do not meet the criteria for a certificate of eligibility for financial assistance in acquiring specially adapted housing or home adaptation grant due to his current functional status and lack of permanent total disability.

The Board has determined that additional development is needed to determine if the veteran's prostate cancer, which may be related to Agent Orange exposure in Vietnam, contributed to his death from metastatic renal carcinoma. The case will be remanded for further action.

The Board has determined that the veteran's renal cell carcinoma is likely related to his asbestos exposure during service, and thus grants service connection for this condition.

The Board found that the veteran's right lung mass and left kidney removal, claimed as a result of tobacco use in military service, are not related to his service. The evidence showed that he did not develop nicotine dependence during service and that his cancer was more likely attributable to his post-service smoking habit.

The VA determined that a VA medical facility was feasibly available to provide the treatment initiated on July 22, 2003 at John C. Lincoln Hospital and thus denied the veteran's request for reimbursement of unauthorized medical expenses.

The Board has determined that the veteran's renal cell cancer resulting in a left nephrectomy was incurred during his active service.

The veteran's cause of death was listed as sepsis, with liver transplant and end stage renal disease as contributing factors. The appellant claims the veteran had ulcerative colitis during service which led to his later health issues.

The VA denied service connection for the cause of the veteran's death and denied DIC under 38 U.S.C.A. § 1318 based on hypothetical entitlement to a total disability rating for at least 10 years prior to death.

The Board found that the cause of the veteran's death was not related to his service-connected disabilities.,The appellant did not meet the requirements for eligibility for dependents' educational assistance benefits under Chapter 35.

The Board found that the veteran's genitourinary cancer (transitional cell carcinoma) of the bladder and kidney was not incurred in or aggravated by his active duty service, including exposure to herbicides. The claim is denied.

The veteran's claim for service connection for stress incontinence was denied as her condition is not shown to be related to active service.,For the period prior to September 26, 2003, the veteran's lumbar disability was rated at 10 percent. From September 26, 2003, it was rated at 20 percent under Diagnostic Code 5241. The Board found that the evidence did not support a higher rating for any time period.,The veteran's migraine headaches were rated at 30 percent and her right renal calculus at 30 percent. Both ratings are based on Diagnostic Codes 8100 and 7599-7508, respectively.,For the hallux valgus of the right foot, a separate 10 percent rating was assigned for surgery performed on February 17, 2005. The left foot's hallux valgus condition did not meet the criteria for any compensable rating.

The Board found that the cause of death was not related to service-connected disability and denied both claims for service connection for the cause of death and eligibility for Dependents' Educational Assistance (DEA).

The veteran's claims for a compensable rating for renal calculi and a temporary total disability rating based on January 1997 hospitalization were denied by the Board.

The Board has remanded the case due to procedural issues and the need for additional development, including notification under the VCAA.

The Board found that the veteran's skin cancer and kidney stones were not incurred in or aggravated by service, including as due to herbicide exposure. The claims for these conditions were denied.