Kidney disease decisions — 2007

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking Agent Orange exposure to his death.

The veteran's claims of secondary service connection for various conditions, including circulatory disorder, glaucoma, hypertension, kidney disease, interventricular bleeding, residuals of a stroke, and seizure disorder are being granted as they are presumed to be related to his diabetes mellitus due to herbicide exposure during the Vietnam War.

The Board denied service connection for the cause of the veteran's death, finding that there was no evidence linking his metastatic esophageal cancer and chemotherapy-related renal failure to service or Agent Orange exposure.

The Board has denied the veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, finding that they do not prevent him from securing or following substantially gainful employment.

The veteran's appeal involves multiple issues including special monthly compensation, increased ratings for various conditions, service connection claims, and reopening of a claim. The case is being remanded to the RO for further action.

The Board found that the veteran's death was not caused by any service-connected disability, and there is no evidence linking his hypertension or other conditions to his military service. As such, the claim for service connection for the cause of death was denied.

The Board has determined that the veteran's claim for an earlier effective date prior to January 23, 2003, for service connection of a kidney disorder is denied.

The Board denied an earlier effective date for the grant of secondary service connection for chronic renal failure, finding that no informal claim was submitted from an earlier date.

The Board denied the veteran's claims for service connection for polycystic kidney disease and hypertension, finding no new and material evidence to reopen the latter claim.

The VA determined that adenocarcinoma of the left kidney was not incurred in or aggravated by service and may not be presumed to have been so incurred.

The Board has determined that the reduction of the veteran's evaluation for service-connected status post scrotal laceration from 30 percent to 10 percent was proper. The rating reduction did not result in a loss of compensation payments, as it was effective on February 1, 2004. For his service-connected retroperitoneal fibrosis with left kidney removal and stent on the right, the Board found that the veteran's condition does not meet or approximate the criteria for a disability rating in excess of 30 percent.

The Board has denied the veteran's claims for service connection for heart and kidney conditions, finding no evidence to support a link between these conditions and his military service or any service-connected disabilities.

The Board denied the veteran's claim for service connection for loss of a kidney secondary to renal cell carcinoma, claiming it was due to exposure to herbicides. The evidence did not support a finding that his condition was related to his military service or to herbicide exposure.

The Board is remanding the case for further development, including obtaining medical records from Maimonides Medical Center and Dr. Berger, to adjudicate the claim under the theory that the veteran's service-connected prostate gland disability contributed to his death.

The Board has remanded the case for compliance with an August 2005 Court decision, to include obtaining a VA examination. The veteran's service medical records show that he underwent surgery to remove his left kidney while in service. The claim will be reviewed again after the new evidence is obtained and evaluated.

The Board has denied the veteran's claims for service connection for kidney stones, residuals of an injury of the eye, and left shoulder disorder. The veteran is not shown to have a current disability related to these conditions.

The Board denied the veteran's claim for service connection for the cause of his death, finding no evidence linking any current disabilities to his military service.

The Board found that new and material evidence had been submitted to reopen the veteran's service connection claim for a right kidney disorder. The VA examination in April 2006 concluded it is as likely as not that the atrophic right kidney is a sequelae of a fall during service, but less likely than not to represent a congenital or developmental defect.

The VA denied an initial rating in excess of 30 percent for the service-connected residuals of a left nephrectomy and did not grant entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has determined that the veteran's coronary ectasia with infarction of the right kidney is related to his exposure to Agent Orange during service and grants service connection for this condition.