Kidney disease decisions — 2007

The Board has remanded the case due to incomplete records and further development is needed before a decision can be made on whether service connection for the cause of the veteran's death should be granted.

The veteran's death was not due to a service-connected disability, and thus the claim for service connection for the cause of his death is denied. The appellant is also not entitled to service-connected burial benefits as her husband's death is not service-connected.

PTSD symptoms more nearly approximate a 50 percent rating.,The service-connected status post residuals of right radical orchiectomy for seminoma with embryonal carcinoma of the right testicle and atrophy of the left testicle with hypogonadism do not meet the criteria for a higher rating.,There is no evidence of a lung disorder (claimed as tuberculosis, sarcoidosis/pneumonitis, respiratory disorder, lung disorder, breathing problems, and lung cancer secondary to carcinoma of the right testicle) incurred in or aggravated by active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Chest pain is not a distinct disability for VA disability compensation purposes.,Peptic ulcer disease was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,GERD was not incurred in or aggravated by active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Degenerative joint disease was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Low back pain is not a distinct disability for VA disability compensation purposes.,Claudication (also claimed as peripheral vascular disease) was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Obesity was not incurred in or aggravated by active military service.,Dyslipidemia is not a disability for VA disability compensation purposes.

The Board denied the veteran's claim of service connection for the cause of his death due to renal cell carcinoma, which was not linked to any period of active duty. The Board found that hypertension, a pre-existing condition, did not contribute to the cause of death.

The veteran's claims for diabetes, end-stage renal disease, and hypertension due to herbicide exposure are denied as there is no credible evidence of herbicide exposure in service or a link between the conditions and service.

The Board has determined that the veteran does not have a current diagnosis of a heart murmur or polycystic kidney disease, and therefore service connection for these conditions is denied. The issue of an initial evaluation in excess of 10 percent for hypertension was remanded due to the filing of a notice of disagreement.

The Board found that the cause of the veteran's death was not due to VA carelessness, negligence, or fault. The post-operative intraabdominal infection did not result from a foreseeable event.

The Board has determined that the veteran's death was not due to a disease or injury incurred or aggravated by service, and thus denied the claim for service connection for the cause of his death.

The Board has determined that the veteran's postoperative left renal calculus with renal insufficiency does not warrant a higher evaluation than the currently assigned 30 percent rating.

The Board denied the claim that the veteran's death was caused by a service-connected disability, finding no evidence linking his cause of death to any of his service-connected conditions or their treatment.

The Board has determined that the cause of the veteran's death was not service-connected, as there is no evidence linking his cardiovascular issues, renal failure, and hypertension to his military service or any service-connected conditions.

The Board has denied the veteran's claims for service connection for hypertension, coronary artery disease, and kidney disorder as secondary to his service-connected diabetes mellitus type II.

The veteran's death from metastatic renal cell cancer was not caused by his service-connected conditions, and he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Board has granted an effective date of July 7, 2003 for the award of TDIU based on factual ascertainability as of that date.

The Board found that the veteran's cause of death was not related to his service-connected disabilities, including diabetes mellitus type 2. The pre-existing heart and lung conditions were deemed more significant in causing his death.

The veteran is seeking reimbursement for medical expenses incurred at Pekin Hospital from November 16, 2004 to November 24, 2004. The case has been remanded due to the need for additional development and clarification of the facts.

The veteran's claims for increased ratings and earlier effective dates were denied. The Board found no basis to grant higher ratings or earlier effective dates in any of the issues addressed.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for prostatitis and kidney disorder. The claim for service connection for sinusitis is denied.

The Board has determined that the veteran's claimed disabilities, including chronic depression, attention deficit disorder, COPD, a kidney disorder, sleep disorder, and impotence, were not incurred or aggravated during service. The evidence does not support a finding of direct service connection for these conditions.

The Board has reopened the veteran's claim for service connection for an angiomyolipoma of the left kidney and granted it on a direct basis due to exposure to ionizing radiation during active service. The medical evidence is in equipoise regarding whether the tumor developed as a result of this exposure.