Kidney disease decisions — 2007

The veteran's claims for secondary service connection for peripheral neuropathy of the lower extremities, renal disease with coronary artery disease, congestive heart failure and hypertension, and sexual dysfunction were granted effective May 8, 2001. The Board finds no earlier effective date is warranted.,The veteran's claims for secondary service connection for peripheral neuropathy of the left and right lower extremities were granted effective May 8, 2001. The Board finds no earlier effective date is warranted.,The veteran's claims for secondary service connection for renal disease with coronary artery disease, congestive heart failure and hypertension, and sexual dysfunction were granted effective May 8, 2001. The Board finds no earlier effective date is warranted.,The veteran's claims for secondary service connection for sexual dysfunction were granted effective May 8, 2001. The Board finds no earlier effective date is warranted.

The veteran's death was not caused by VA hospital care, surgical or medical treatment. The Board found no evidence of negligence or fault on the part of VA in his care.

The Board has determined that the veteran's death is related to service-connected conditions, including hepatitis C and cirrhosis. The appellant is therefore granted service connection for the cause of the veteran's death and eligibility for Dependents' Educational Assistance under 38 U.S.C.A. chapter 35.

The VA determined that the veteran's renal insufficiency does not warrant a compensable rating, as it did not meet the criteria for any of the applicable diagnostic codes.

The Board has determined that the veteran does not have a thoracic spine disorder or kidney disorder related to his active service, and thus denied the claims for service connection.

The veteran's appeal for an earlier effective date for service connection of renal disease was dismissed due to the death of the veteran.

The veteran's claim for service connection for a urinary disorder is being remanded due to insufficient examination and opinion regarding the nature of any diagnosed condition, its onset, and whether it is related to his active service.

The Board denied the appellant's claims for service connection for the cause of death and eligibility for Dependents' Educational Assistance benefits, finding no persuasive medical evidence linking the veteran's metastatic prostate cancer to his military service or radiation exposure.

The veteran's appeal of the July 2002 decision has been dismissed as he has withdrawn his appeals for these issues.

The Board has remanded the veteran's claims for additional development due to incomplete VA treatment records and the need to verify his claimed stressors. The veteran is also requested to provide more information regarding each of his stressor events.

The veteran's service-connected right knee injury with degenerative joint disease and postoperative residuals, herniated nucleus pulposus, lumbosacral spine were granted increased evaluations to 40 percent. The compensable evaluation for kidney stones was denied.

The Board found that the veteran's adverse reaction to medication prescribed by VA did not result from carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The condition was deemed unforeseeable.

The Board denied service connection for residuals of kidney stones and hemorrhoids, finding no current disability. Service connection was granted for floaters of both eyes and farsightedness.,Service connection was not established for the veteran's claimed conditions due to a lack of medical evidence of current disabilities.

The Board found no evidence of exposure to Agent Orange during service and denied the veteran's claims for service connection for gastric cancer, kidney disease, and peripheral neuropathy as a result of such exposure.

The veteran's claim for service connection for polycystic kidney disease is being remanded due to the need for additional medical records and an examination.

The Board found that it was not factually ascertainable prior to November 16, 2004 that the veteran was permanently and totally disabled due to his service-connected conditions. Therefore, the effective date for non-service-connected disability pension cannot be earlier than November 16, 2004.

The Board has determined that the veteran's hypertension was not incurred during or aggravated by active duty, but his residuals of renal cell carcinoma are service-connected.

The Board has determined that additional development is needed to determine the cause of the veteran's death and whether service connection should be granted for it.

The veteran's compensation benefits awarded under 38 U.S.C.A. § 1151 are subject to offset in the amount of $500,000 against his FTCA settlement award.

The Board has determined that the veteran's polycystic kidney disease is not proximately due to or the result of service-connected disability, including treatment for service-connected disability.