Kidney disease decisions — 2008

The veteran's unauthorized medical expenses for treatment at O'Connor Hospital from October 6, 2005 to November 3, 2005 are granted as the VA facilities were not feasibly available and no prior authorization was given.

The veteran's unauthorized medical expenses incurred from April 9, 2005 to April 12, 2005 were not reimbursable as the treatment was non-emergent in nature and VA facilities were not feasibly available.

The veteran's chronic renal insufficiency due to focal segmental glomerulosclerosis is found to be related to his service-connected low back and foot disorders, which required the use of NSAID medications. As such, the claim for service connection is granted.

The Board has determined that the veteran's major depressive disorder, hepatitis C, liver condition, and kidney condition are related to his service. The veteran's claims for post-traumatic stress disorder, bilateral hearing loss, tinnitus, and a lung disorder have not been established.

The Board has determined that the effective date for the grant of service connection for the cause of the veteran's death cannot be earlier than October 7, 2004 due to the liberalizing change in law and the appellant's failure to appeal prior decisions.

The veteran's death was caused by liver cirrhosis due to alcoholism and chronic granulocytic leukemia, both of which are not related to service. The Board denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's claims for service connection are denied as there is no evidence to support a finding of an in-service event, injury, or illness that would be etiologically related to his current conditions.

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

The veteran's renal insufficiency has not met the criteria for a higher rating since June 15, 2001.

The Board denied the veteran's claims for an increased rating for renal cell carcinoma with right nephrectomy and a total disability rating based on individual unemployability due to service-connected disability. The current 60 percent rating for the condition is deemed sufficient, and there is no evidence of unemployability solely due to the service-connected disability.

The Board found no evidence of a current disability related to service, including exposure to herbicide. The veteran's renal cell carcinoma is not presumed due to Agent Orange exposure.,There is insufficient evidence linking the veteran's headaches and hypertension to his military service.

The Board has determined that the evidence submitted since the July 2003 denial does not raise a reasonable possibility of substantiating the claim for service connection for the cause of the veteran's death. The claim is therefore denied.

The Board has remanded the veteran's claims due to incomplete records and need for further examination. The issues include service connection, increased ratings for back disorder and hypertension with kidney dysfunction.

The Board denied service connection for the cause of death and eligibility for educational assistance due to lack of evidence linking the veteran's conditions to his military service or any service-connected disabilities.

The Board denied the veteran's claims for increased ratings for diabetes mellitus and service connection for various conditions, finding that his disability did not meet the criteria for a higher rating or service connection.

The Board denied service connection for the cause of the veteran's death and denied eligibility for Survivors' and Dependents' Educational Assistance due to lack of evidence showing a causal relationship between any condition and the veteran's death.

The Board denied the veteran's claims of service connection for right kidney disability, nodules on face, chest, testicles, legs, neck and nose (including sebaceous cyst), chloracne, and left lung cancer. The appeal is not about service connection at all.

The Board has reopened the claims for bilateral kidney disability and prostate disability, but denied service connection for these conditions. The veteran's right and left kidney disabilities are not related to his active service.

The Board denied service connection for the cause of the veteran's death, finding that there was no relationship between his cause of death and service, including due to asbestos exposure.

The Board denied service connection for the cause of the decedent's death, finding that his ischemic cardiomyopathy, renal failure, and cerebrovascular accident were not related to his military service or service-connected disabilities.,The Board also denied basic eligibility for non-service connected disability pension benefits due to a lack of evidence showing the decedent was permanently and totally disabled from non-service-connected disability.