Kidney disease decisions — 2006

The Board has granted an increased rating of 30 percent for the appellant's service-connected kidney stones, effective from October 29, 2002.

The Board denied service connection for the cause of the veteran's death, finding that there was no evidence linking any dental condition to a vital organ or other vital body function and no evidence that any disease or injury in service caused or contributed materially to cause his death.

The Board denied service connection for bilateral mastoid disorder and kidney condition, claimed as a residual of jaundice. The petition to reopen the claim for right foot disorder was also denied.

The Board denied the claim for service connection for the cause of the veteran's death, finding that renal cancer was not caused by exposure to herbicides during military service.

The Board found no evidence of kidney stones during the veteran's initial period of service and concluded that any current condition is not related to his military service. For the neck disability, while the veteran currently suffers from cervical myelopathy, there is no medical evidence supporting a relationship to his military service.,The veteran's claims for service connection for both kidney stones and a neck disability were denied as there was insufficient evidence linking these conditions to his active duty.

The Board has determined that the appellant's claims for service connection for hypertension and end stage renal disease cannot be granted as there is no evidence of these conditions during his period of active duty training (ACDUTRA) or within one year after ACDUTRA, and there is insufficient medical evidence to establish a link between these conditions and his military service.

The veteran's death was caused by cancer of the kidney, which is linked to his asbestos exposure during military service. The Board has granted service connection for the cause of the veteran's death and eligibility for Dependents' Educational Assistance benefits.

The Board denied the veteran's claims for service connection for a low back disorder, an increased rating for his surgical scar status post nephropyelolithotomy, and a compensable disability rating for history of nephrolithiasis. The claim for service connection was not granted as new and material evidence had not been received to reopen it.

The veteran's service-connected disabilities did not result in the level of impairment required for an increased rating, TDIU, or SMC based on a need for regular aid and attendance or housebound status. The appellant is therefore not entitled to accrued benefits.

The Board found that the veteran's service-connected disabilities did not contribute to his death. The appellant's income exceeded the statutory level for pension benefits, resulting in denial of her claim.

The veteran's right renal calculus, which required drug therapy to control recurrent stone formation, is now rated at 30 percent. The lumbar spine condition remains at a 10 percent rating.

The Board found that there was no evidence linking the veteran's cause of death, cirrhosis of the liver and renal failure, to his service or exposure to herbicides. The Board concluded that the appellant did not meet the requirements for presumptive service connection due to Agent Orange exposure.

The veteran seeks an earlier effective date for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities. The Board has determined that additional development is needed, including obtaining medical opinions and records from the SSA.

The veteran's claims for increased ratings were denied. His bilateral foot disability was found to not meet the criteria for a rating in excess of 10 percent, and his pyelonephritis did not warrant a compensable rating.

The Board denied service connection for a back disorder and kidney disorder, finding that both conditions preexisted the veteran's military service. Service connection was not granted for bilateral hearing loss.

The Board has remanded the case due to new evidence submitted by the appellant's son, which suggests a possible connection between the veteran's death and medications prescribed for his service-connected rheumatoid arthritis. The VA is requested to obtain a complete list of medications prescribed for the veteran and provide an opinion on whether these medications contributed to his fatal cardiac arrest.

The Board has determined that the veteran does not have current diagnoses for skin cancer, renal dysfunction (claimed as hematuria), a back condition, bilateral eye condition, hypertension, or heart condition. Therefore, service connection is denied for all of these claims.

The veteran is seeking service connection for various conditions claimed as secondary to his service-connected asthma. The Board has determined that a Statement of the Case must be issued on these issues.

The Board denied the veteran's claims for service connection for various conditions, including peripheral neuropathy in his lower extremities, bilateral tinnitus, renal insufficiency, irritable bowel syndrome (IBS), and post traumatic stress disorder (PTSD). The decision also denied the reopening of a claim for a psychiatric condition other than PTSD.

The Board found that the veteran's cause of death, renal failure due to diabetes mellitus, was not incurred in or aggravated by active service and denied the claim for service connection.