Kidney disease decisions — 2007

The veteran's death was not caused by or substantially or materially contributed to by a disability incurred in or aggravated by his active duty service.

The veteran's appeal for nonservice-connected disability pension was dismissed due to withdrawal. The issues of service connection for hypertension, end stage renal disease (claimed as secondary to hypertension), and TDIU are remanded.

The Board denied the veteran's claims for service connection for right ear hearing loss and left ear hearing loss. The evidence did not show current right ear hearing loss disability, but there was competent evidence showing left ear hearing loss that is the result of acoustic trauma during service.

The Board found that the veteran's chromophobe renal cell carcinoma is not related to his military service and denied his claim.

The Board denied service connection for chronic renal failure, finding that the veteran did not have a current disability related to his active duty service. The claim of entitlement to compensation under 38 U.S.C.A. § 1151 was also denied.

The Board found that the veteran's treatment at SJH was for a condition of such severity that delay in seeking immediate medical attention would have been hazardous to his life or health. However, VA facilities were not feasibly available and an attempt to use them beforehand would not have been considered reasonable by a prudent layperson. The claim is denied as the veteran is financially liable for the treatment received.

The Board has remanded the case for additional development due to inextricably intertwined issues, including verification of active duty periods and medical records related to diabetes mellitus.

The Board has determined that the veteran does not have a low back disability, depression, respiratory disability, or kidney/urinary disability that is related to her service in the Persian Gulf War or due to an undiagnosed illness. Therefore, these claims are denied.

The Board has determined that the veteran's claimed conditions, including coronary artery disease, hypertension, chronic renal insufficiency, and peripheral neuropathy, are not related to his military service or service-connected diabetes mellitus. As such, these claims for secondary service connection have been denied.

The VA determined that the veteran's renal damage was not caused by carelessness, negligence, or lack of proper skill in providing medical treatment. The pre-existing condition of hypertension and diabetes were found to be more likely causes of his renal failure.

The Board has granted service connection for diabetes mellitus and secondary service connection for hypertension and kidney disease. The issue of service connection for kidney disease is being remanded due to the need for a medical opinion.

The veteran died due to cardiopulmonary arrest caused by pancreatic carcinoma, coronary artery disease, congestive heart failure, and chronic renal insufficiency. The RO must remand the case for proper VCAA notice and further development.

The Board denied service connection for tongue tremors, GERD and stomach pains, right renal cyst, and nausea and bladder spasms as not incurred or aggravated by active military service.

The Board has determined that the veteran's son, E.J.G., is permanently incapable of self-support due to congenital renal hypoplasia resulting in end-stage renal disease before he turned 18 years old. The claim for recognition as a helpless child for VA purposes is granted.

The Board has determined that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The veteran withdrew his appeal on the claims of service connection for coronary artery disease, a low back disability, an adrenal gland disability, and a kidney disability.

The Board has denied the veteran's claims for service connection for a lumbar spine condition and degenerative joint disease, finding that there is no competent medical evidence establishing current disability or a link to service.

The Board has remanded the case due to incomplete medical records, need for clarification of a medical opinion, and need for further examination.

The Board finds that the veteran does not have a kidney disability with hypertension related to his military service, including as secondary to his service-connected diabetes mellitus. The hearing loss is found to be at least as likely as not related to his military service.

The Board has determined that the veteran's injury in October 1973 was due to his own willful misconduct, and thus denied reopening of the claim.