Kidney disease decisions — 2007

The veteran is seeking compensation under the provisions of 38 U.S.C.A. � 1151 for various disabilities allegedly resulting from a cervical spine surgery performed in April 2001 at the Cleveland, Ohio VAMC. The Board has determined that an examination is needed to determine if these disabilities are related to the surgery and whether they were caused or chronically worsened by VA treatment.

The Board has determined that the veteran does not have a disability of the kidney, liver, spleen, or colon related to active service.,The VA examiner diagnosed the veteran with past history of injury to the kidney, liver, spleen, and bowel but currently no clinical evidence to support any kidney, liver, spleen, or colon pathology.

The Board denied the veteran's claim of service connection for his cause of death, as there was no evidence linking his death to any in-service disability or disease. The appellant is also not eligible for nonservice-connected death pension benefits due to her husband's recognized military service.

The VA denied compensation under 38 U.S.C.A. § 1151 for shortness of breath and kidney problems, attributing these conditions to pre-existing medical issues.,The claim for reopening the right knee disability was granted, but no effective date or rating percentage is assigned.

The Board determined that new and material evidence had been submitted to reopen the claim for service connection for the cause of the veteran's death, but denied the underlying merits of the claim.

The veteran's claim for service connection for diabetes mellitus (with hypertension, peripheral neuropathy, rectal abscess, retinopathy, and renal insufficiency) is being remanded due to outstanding Federal records and private medical records.

The Board has granted service connection for bladder cancer and renal cell cancer, finding that these conditions are at least as likely as not caused by or a result of the veteran's exposure to Agent Orange during his service in Vietnam.

The Board finds that the veteran's cancers, including metastatic cholangiocarcinoma (bile duct cancer), which was the immediate cause of his death, can be attributed to exposure to herbicides in Vietnam. The evidence supports a finding that the veteran served in areas where there was heavy spraying of herbicides, including Agent Orange, and that his hypospermia shortly after service likely resulted from such exposure. Therefore, the Board grants service connection for the cause of the veteran's death.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the relationship between the veteran's kidney cancer and heart attack with service-connected PTSD.

The veteran's hypertension and chronic renal insufficiency with dialysis are service connected as secondary to in-service hypertension. The positive TB test is not considered a disability for VA purposes, and allergic conjunctivitis, left shoulder disability, bilateral hearing loss, and tinea cruris were acute and transitory conditions that resolved without residual disabilities.

The Board has determined that the veteran's renal cell carcinoma, which occurred post-right nephrectomy, is not service-connected due to lack of evidence linking it to his military service or exposure to herbicide agents.

The Board found that the veteran's death was not caused by a service-connected disability and denied his claim for service connection for the cause of his death. The DIC claim under 38 U.S.C.A. § 1318 is also denied.

The Board denied the claim of service connection for the cause of death, finding that no service-connected disability contributed to the veteran's death.

The Board found that the veteran's service-connected conditions did not contribute to his cause of death, which was renal cell carcinoma with metastases. The appellant's claims regarding exposure to herbicides and PTSD were not supported by evidence.

The Board has ordered the VA to obtain any outstanding treatment records from San Antonio VA Hospital, which may provide information relevant to the veteran's claim for service connection for interstitial cystitis and its relationship to his service-connected kidney stones. The case will be remanded for further development.

The Board denied the veteran's claims for service connection for PTSD and renal cell carcinoma, finding no evidence of a confirmed in-service stressor or nexus to service.

The Board has remanded the case due to inadequate VCAA notice and incomplete medical records, particularly for treatment related to the veteran's left kidney condition.

The Board denied service connection for the veteran's unspecified lymphatic condition, diabetes mellitus, asthma, and kidney condition due to exposure to herbicides in service.

The Board denied the appellant's application to reopen a claim for service connection for the veteran's cause of death and also denied her entitlement to Dependency and Indemnity Compensation (DIC) under 38 U.S.C.A. § 1318.

The veteran's death was caused by arrhythmia, with contributing conditions of diabetes mellitus, end stage renal disease, and hypertension. The service-connected disabilities likely contributed to the veteran's fall that led to his left femoral neck fracture and subsequent hospitalization.