Kidney disease decisions — 2008

The veteran's claim for increased ratings for his service-connected right and left kidney disorder is being remanded due to the need for additional development, including obtaining VA medical records from February 2008 onwards.

The Board has determined that the veteran's renal failure was aggravated by his service-connected chronic hepatitis, and thus grants service connection for renal failure as secondary to service-connected chronic hepatitis.

The Board has determined that the veteran's unauthorized medical expenses incurred at St. Francis Hospital from May 5 to May 10, 2005 are eligible for payment or reimbursement due to a medical emergency and the unavailability of VA facilities.

The veteran's appeal is being remanded to obtain additional records from SSA, which may affect the outcome of his claim for a compensable disability rating for renal colic.

The Board found that the evidence submitted did not relate to an unestablished fact necessary to substantiate the claim of service connection for cause of the veteran's death, and thus denied the request to reopen.

The Board is remanding the case for a VA examiner to review the veteran's file and determine if his renal cell carcinoma was related to his period of service, specifically addressing December 1973 and January 1974 VA medical records showing kidney problems and a left kidney mass, and December 1995 private medical records showing a left kidney mass and malignant tumor in the rectum.

The veteran's appeal has been dismissed due to his death.

The Board found that none of the veteran's fatal conditions had onset during service or were aggravated by a service-connected disability, and thus denied the claim for service connection for the cause of death.

The veteran's service connection claims for bladder cancer, bilateral carotid artery blockage, angioplasty, kidney problems, and blocked veins from the neck down are being remanded due to incomplete records and potential exposure to ionizing radiation during service.

The Board has determined that the veteran's right kidney transplant, post-operative residual of end-stage renal failure, does not meet the criteria for a disability rating in excess of 30 percent. The veteran's hypertension is currently rated at 10 percent and does not meet the criteria for a higher evaluation.

The Board has determined that the cause of the veteran's death was not related to his service or any service-connected disability, including exposure to herbicides. The claim for service connection for cause of death is denied.

The Board is unable to determine whether the claim for service connection should be reopened due to a lack of SSA records. The case is being remanded to obtain these records and then readjudicate the issues.

The Board found that the veteran's service-connected conditions did not cause his death, and thus denied both the claim for service connection for the cause of death and the DIC claim under 38 U.S.C.A. § 1318.

The Board has remanded the case due to a recent change in law regarding notification and because of missing terminal medical records. The claim will be reviewed again with consideration for possible service connection based on aggravation.

The Board has remanded the case for additional development, including obtaining a VA examination and medical opinion. The veteran is seeking service connection for hypertension and renal insufficiency secondary to his service-connected diabetes mellitus.

The Board denied the veteran's claim for an earlier effective date for service connection of retroperitoneal fibrosis, finding that no valid appeal was filed regarding the October 2002 rating decision denying service connection.

The veteran's service connection claims for various conditions, including diabetes mellitus type 2 and hearing loss, are granted based on presumed exposure to herbicide agents during his Vietnam-era service.

The Board found that the veteran's left kidney cancer and status post left nephrectomy were not incurred during service, as there was no evidence of a left kidney disorder in service or within one year after separation. The claim for increased rating for arthritis of the left knee with posterior cruciate ligament deficit will be remanded.

The Board found that the veteran's fatal conditions were not related to his service-connected diabetes mellitus, and thus denied service connection for the cause of death.

The VA denied the veteran's claim for service connection for hypertension, finding that it was not incurred in or aggravated by service and is not associated with his service-connected disabilities.