Kidney disease decisions — 2007

The Board has denied the veteran's claims for service connection for prostate cancer, kidney cancer, depression, hypertension, hearing loss, tinnitus, eye sight problems, and a heart disorder manifested by premature ventricular contractions due to Agent Orange exposure.

The Board denied service connection for post-traumatic stress disorder, prostate cancer, and renal cell carcinoma. The veteran did not meet the criteria for these conditions based on medical evidence and lack of exposure to ionizing radiation.

The Board denied service connection for a kidney disability, finding no evidence of a current disability resulting from an injury or disease in service.

The Board found no direct service connection for the cause of death, and denied the claim.

The Board has granted service connection for renal cell carcinoma due to Agent Orange exposure, finding that the veteran's current condition is linked to his in-service exposure.

The Board has denied the veteran's claims for service connection for a back disability and recurrent kidney stones and end-stage renal disease, finding that there is no medical evidence of complaints or findings related to these disabilities prior to 2002. The preponderance of the evidence does not support a finding that any current disabilities are related to military service.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from May 1996 to January 2001 is denied. The Board found that the remaining expenses were not rendered in a medical emergency and VA facilities were feasibly available.

The Board found that the veteran's diabetes mellitus, chronic lung disorders (including bronchitis and pneumonia), kidney disorder, bilateral eye disorder, chronic hearing disability, asbestosis, and prostate disorder are not related to his active service. The claims for these conditions were denied.

The veteran died of congestive heart failure due to kidney infection and questionable intra-abdominal carcinoma. Prior to October 7, 2004, the appellant could not establish presumptive service connection for cause of death based on congestive heart failure as it was not listed among the enumerated diseases in 38 C.F.R. § 3.309(c). Effective October 7, 2004, the regulation added congestive heart failure to the list of presumptive diseases for former POWs.

The Board determined that the veteran's death was not caused by improper care or an event not reasonably foreseeable at a VA facility, and denied DIC benefits under 38 U.S.C.A. § 1151 for the cause of the veteran's death as well as service connection for renal and kidney failure.

The veteran's conditions do not render him permanently bedridden or so helpless as to be in need of regular aid and attendance. He needs occasional assistance with activities such as travel following hemodialysis, but requires no assistance from devices or other people for ambulation.

The veteran received unauthorized medical care at St. Joseph's Hospital in Eureka, California for metastatic adenocarcinoma and other conditions. The VA determined that the services were necessary due to the severity of his condition and lack of available VA facilities.

The Board has denied the veteran's claims for service connection for renal failure status post transplant and hearing loss, finding that there is no evidence of a nexus between these conditions and his military service.

The VA determined that the veteran's service-connected pulmonary tuberculosis did not cause his death, and concluded that chronic renal failure was the primary cause of death. The Board found no evidence linking the cause of death to service.

The Board has granted service connection for hepatitis B and denied service connection for right renal cell carcinoma, finding the latter not to be related to exposure to Agent Orange during service.

The veteran's appeal is being remanded for additional development, including obtaining an audiological evaluation and a VA examination to determine the nature and etiology of his acne. A new VA examination is also needed to assess the severity of his service-connected kidney stones with hematuria.

The veteran's cause of death, chronic renal failure due to type-2 diabetes, was not caused by or related to his service-connected conditions. The Board found no evidence that the veteran's psychiatric disorder contributed substantially or materially to his death.

The veteran's right elbow epicondylitis is rated at 10 percent, but the claim for an increased rating remains denied.,Service connection was not granted for left elbow epicondylitis, fracture of left foot toes, and renal stones. The right hallux dermatophytosis claim requires further examination to determine its etiology.

The veteran's service connection claims for diabetes mellitus, hypertension, left kidney condition, thyroid condition including cyst, and asthma were denied as there is no competent medical evidence linking these conditions to his military service.

The veteran's claims for increased ratings were denied as the service-connected conditions did not meet the criteria for higher disability ratings under the applicable rating schedule.