Kidney disease decisions — 2006

The Board is remanding the case to determine if the overpayment of disability pension benefits was valid and, if so, whether it should be waived. The veteran's kidney and liver disease claim will proceed separately.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that renal cancer was not incurred or aggravated in service and may not be presumed to have been incurred therein due to presumed exposure to herbicide agents. The veteran's service-connected disabilities did not cause his death.

The veteran's claims for benefits under 38 U.S.C.A. § 1151 and service connection were denied as there was no evidence of exposure to ionizing radiation, and the claimed conditions are not related to VA treatment.

The Board found that the veteran's residuals of hyperkalemia were not proximately caused by VA treatment and denied compensation under 38 U.S.C.A. § 1151.

The veteran's death was caused by renal failure, but his service-connected disabilities did not cause or contribute to the cause of death. The appellant is also denied DIC benefits under 38 U.S.C.A. § 1318 as he did not meet the criteria for receiving such benefits.

The Board has remanded the claims due to the need for additional development and consideration of the veteran's evidence.

The Board has determined that the veteran's renal cell carcinoma and right radical nephrectomy were not due to his service-connected residuals of a right nephrolithotomy, thus denying his claim for service connection.

The Board found that the cause of the veteran's death (acute myocardial infarction) was not attributable to his period of military service or any service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has restored the veteran's 100 percent disability rating for status post kidney transplant, effective November 1, 1995.

The Board has determined that the veteran's left knee disability was incurred in service, and his cardiovascular disability (including hypertension and associated eye damage) is not presumed to have been incurred during service. The kidney disability is addressed separately.

The Board has determined that the cause of the veteran's death is not service-connected, as there is no medical evidence linking his death to military service.

The Board found that the primary cause of death was renal cell carcinoma, not lung cancer. The veteran's service connection for lung cancer is denied due to lack of evidence showing a primary site in the lungs.

The Board found that the veteran's death was not caused or substantially contributed to by any service-connected disability, and denied the claim for service connection for the cause of his death.

The Board has denied the veteran's claims for service connection for kidney disease and prostate disease, finding no link between these conditions and his active military service.

The veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board has denied the veteran's claims for service connection for various conditions, including nephritis (claimed as renal disease), a low back disorder, chronic urinary tract infections, kidney stones, hypothyroidism, and cardiovascular disease. The appeals were based on direct service connection without any presumption or secondary to another condition.

The Board has remanded the case for further development, including clarification of Social Security Administration benefits and obtaining administrative decisions from SSA.

The Board has determined that there is no competent medical evidence linking the veteran's current kidney condition to service, and thus denied his claim for service connection.

The veteran died from multiple conditions, but there was no service-connected disability that caused or contributed to his death. The appellant is not eligible for DIC benefits.

The veteran received medical treatment for severe health issues related to his service-connected schizophrenia at a private hospital. The VA found that the Boise VA Medical Center was not feasibly available and an attempt to use it beforehand would not have been reasonable, sound, wise, or practical. Therefore, payment is granted for unauthorized medical services provided.