Kidney disease decisions — 2006

The veteran's claims for increased ratings for his service-connected conditions have been denied. The partial bowel resection and repair of lacerations to the stomach are currently rated at 10 percent, while the muscle injury to Muscle Group XIX is rated at 30 percent.

The Board has determined that the veteran's depression, eating disorder, and pyelonephritis are service-connected. The chronic sinusitis claim is denied as there is no evidence of a current disability during service or since.

The Board found that there is no competent and probative evidence to support a finding of any disability, including a kidney disorder or residuals of trauma to the kidney area, related to the veteran's period of service or boxing-related injuries.

The Board has determined that the veteran does not have a kidney disability and therefore service connection is denied.

The Board has remanded the case due to issues related to cardiovascular involvement and service connection for a low back disability.

The veteran's renal cancer, post-operative left radical nephrectomy, is considered presumptively service-connected due to in-service herbicide exposure.,However, the Board found that there was no nexus between the veteran's trigeminal neuralgia and his military service.

The Board has determined that the veteran's hypertension and ESRD are not service-connected, as neither condition is presumed to be due to exposure to herbicide agents during his active duty in Vietnam. The claims for both conditions have been denied.

The VA denied the veteran's claim for service connection for renal insufficiency and monoclonal gammopathy, which he claimed was due to exposure to herbicides. The Board found no evidence of a disease listed in 38 C.F.R. § 3.309(e) that could be presumed to have been incurred due to herbicide exposure. The VA also noted that the veteran's monoclonal gammopathy did not progress into multiple myeloma, which is a condition for which there is presumptive service connection.

The Board finds that there is no evidence of tinnitus or kidney disability during service, and the preponderance of the evidence does not support a finding of a nexus between current disabilities and service. The veteran's claims for service connection are therefore denied.

The veteran died of renal cell carcinoma, which was not caused by or related to any VA medical treatment. The Board finds that the cause of death is not attributable to VA care and thus DIC benefits under 38 U.S.C.A. § 1151 are denied.

The Board found that the cause of the decedent's death was not related to service, and denied the claim for service connection for cause of death.

The VA Board of Veterans' Appeals found that the appellant's current kidney disorder, including end-stage renal disease and IgA nephropathy, is not related to his military service. The evidence does not support a finding that he incurred these conditions during active duty or any other period of service.

The Board denied service connection for the cause of the veteran's death and for a lung disorder on accrued benefits purposes, finding that COPD was not related to active duty. The May 1981 rating decision did not involve clear and unmistakable error.

The Board has denied the claim for service connection for the cause of the veteran's death, finding no evidence linking his death to his period of service.

The veteran's claim for compensation benefits pursuant to the provisions of 38 U.S.C.A. § 1151 is being remanded due to incomplete medical records and need for a VA physician's opinion on whether his renal insufficiency with right-sided obstructive uropathy was caused by carelessness, negligence, or lack of proper skill from March to July 2002.

The Board denied the veteran's claims for service connection for sickle cell disease, glaucoma of the right eye, avascular necrosis of the right hip, and renal disorder. The TDIU claim was also dismissed as there is no legal basis due to lack of service-connected disabilities.

The Board denied the veteran's claims for service connection for chronic kidney failure, finding no evidence linking it to his military service or herbicide exposure. The claim was also not granted under a presumption of service connection due to Agent Orange exposure.

The Board denied service connection for the cause of the veteran's death due to a lack of evidence linking his in-service renal calculus and his fatal cancer.

The Board found that the veteran's kidney stones did not meet the criteria for a higher initial evaluation, as they do not involve recurrent stone formation requiring more than two procedures per year or frequent attacks of colic requiring catheter drainage.

The Board denied the claims for service connection for diabetes, liver condition, kidney disorder, and heart condition as secondary to service-connected hypertension. The veteran's death was not caused by any of these conditions.