Kidney disease decisions — 2006

The Board found that the veteran's renal cell carcinoma of the right kidney was not incurred in or aggravated by active service, nor may it be presumed to have been incurred in service.

The veteran's claims for service connection for various conditions, including diabetes mellitus, renal failure, cardiovascular disease, arthritis, benign prostatic hypertrophy with bladder outlet obstruction, sexual dysfunction, hyperlipidemia, and hair color change, are denied as there is no evidence of herbicide exposure in Vietnam. The presumptive provisions for Agent Orange exposure do not apply due to the lack of service in Vietnam.

The Board has determined that there is no evidence of hypertension or renal disease during service, and the preponderance of the evidence does not support a finding that these conditions are related to service. Therefore, the claims for service connection for hypertension and renal disease have been denied.

The VA has determined that the veteran's chronic renal disease with hypertension warrants a 30 percent evaluation, which is the maximum schedular rating available under the applicable diagnostic codes. The evidence does not support an increase in this evaluation.

The veteran's claims are being remanded for additional development, including a VA examination and the provision of proper notice under the VCAA.

The Board denied the veteran's request to reopen her previously denied claim of entitlement to service connection for right renal artery stenosis, claimed as secondary to service-connected meatal urethral stenosis due to a lack of new and material evidence.

The veteran's claims for service connection for various conditions were denied as new and material evidence was not presented, and the conditions did not develop due to service or a service-connected disability.

The Board has denied service connection for the veteran's claimed conditions, including chronic fatigue, muscle pain, joint pain, respiratory problems, heart disorder, gastrointestinal disorders, weight fluctuation and metabolic disorder, eye disorders, a cyst on the left testicle, and headaches. The evidence does not support a finding of service connection due to an undiagnosed illness.

The Board denied service connection for hypertension, onychomycosis of the toenails, nephrectomy due to renal cancer, and bilateral optic atrophy as secondary to service-connected diabetes mellitus Type II. The veteran's hypertension was not shown during or within one year after service, nor is it otherwise related to his active duty service.

The Board found no evidence linking the cause of death (anoxic hypoxic encephalopathy due to cardiac arrest) to service or any service-connected disability. The veteran's hypertension and end-stage renal disease were not shown to be related to his military service.

The veteran's claims for increased evaluations and service connection were denied. The RO has evaluated his residuals of a fracture of the pubic symphysis as 10 percent since March 3, 2000, but not before that date. His claim for a compensable evaluation for his contusion to the right kidney was also denied.

The Board has reopened the veteran's claim of service connection for a kidney disability due to new and material evidence, but did not address the merits of the claim or assign a rating.

The Board denied service connection for residuals of a lacerated urethra, finding that the evidence does not support a link between any current urinary issues and military service.

The Board denied service connection for the cause of the veteran's death due to lack of evidence linking his military service to his cancer. The appellant has not submitted new and material evidence to reopen this claim.

The veteran's claims for increased evaluations and service connection were denied. The effective dates of the granted conditions (diabetes mellitus, hypertension, and renal failure status post kidney transplant) are May 8, 2001.

The veteran's appeal has been dismissed due to his death. The claims for increased evaluation of renal calculi and reopening of the anxiety reaction claim are moot.

The Board denied the veteran's claims for service connection for diabetes mellitus, renal kidney disease, brain damage, a heart condition, a bilateral knee condition, and residuals of calcaneal stress fracture due to lack of evidence showing these conditions were incurred or aggravated by service.

The RO denied the claim to reopen service connection for the cause of the veteran's death due to lack of evidence establishing a service-connected condition.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death, as evidenced by the lack of any medical evidence linking these conditions to his death.

The Board has granted an effective date of July 7, 2000 for a 30 percent evaluation for chronic renal insufficiency with hypertension.