Kidney disease decisions — 2006

The Board denied the veteran's claim for service connection for atrophied right kidney and his claim for compensation under 38 U.S.C.A. § 1151 for hepatitis C, both of which were previously denied as not well grounded.,The evidence received since the April 2000 rating decision did not raise a reasonable possibility of substantiating the claims.

The veteran's death was caused by left-sided pneumonia and sepsis, but the service connection for cause of death is denied as there is no evidence of a service-connected condition that contributed to his death.

The veteran's claims have been dismissed due to his death.

The Board has ordered additional development due to the need for medical records and a VA medical opinion regarding whether the veteran's death was caused by or accelerated by VA treatment, specifically blood transfusions at the Miami VAMC.

The Board has determined that the veteran's death was not caused by his service-connected duodenal ulcer, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran is granted nonservice-connected disability pension benefits with special monthly pension by reason of the need for aid and attendance due to multiple orthopedic problems, visual impairment, urinary tract infections, kidney stones, and prostate cancer.

The veteran's appeal is remanded for additional development and to provide proper VCAA notice.

The Board has decided to remand the case for further development, including a VA examination and additional evidence collection.

The Board has determined that the veteran's prostate disorder, kidney disorder, and hypertension were not incurred or aggravated by service. The evidence does not support a finding of service connection for these conditions.

The Board found that the veteran's service-connected disabilities did not cause or contribute substantially to his death, and thus denied the claim for service connection for the cause of his death.

The veteran's death was not caused by his own willful misconduct, and at the time of his death he had a service-connected disability rated totally disabling for less than 10 years immediately preceding death. Therefore, DIC benefits under 38 U.S.C.A. § 1318 are denied.

The veteran's appeal for an increased evaluation for microalbuminuria, hypertensive vascular disease, and chronic renal insufficiency was dismissed due to the death of the veteran during the pendency of the appeal.

The Board denied the veteran's claim for a TDIU based on service-connected disabilities, finding that his combined rating did not meet the schedular requirements and that he was not unemployable due to these conditions.

The veteran's claim for an increased rating for hypertensive vascular disease with renal insufficiency is denied as the evidence does not warrant a higher evaluation.

The Board has determined that a VA examination is needed to determine the cause of the veteran's death and whether his service-connected PTSD contributed substantially or materially to it. The case will be remanded for this purpose.

The Board found that the veteran's fatal kidney cancer was not related to his service or exposure to Agent Orange, and thus denied service connection for the cause of death.

The veteran's appeal was denied for service connection for atherosclerotic coronary artery disease, renal cell carcinoma, allergic reactions, and a chronic disability manifested by infected lymph nodes due to secondary exposure to polychlorinated biphenyls (PCB).

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, the claim for service connection for the cause of the veteran's death is denied, and the eligibility for Dependents' Educational Assistance is also denied.

The veteran's appeal is being remanded for further review of his claim, including consideration of additional evidence and a Statement of the Case regarding an earlier effective date for service connection.

The Board has ordered the RO/AMC to obtain additional medical records and provide VCAA notice regarding the appellant's claims for service connection for cause of death due to the veteran's cardiorrespiratory failure, and entitlement to DIC under 38 U.S.C.A. § 1318.