Kidney disease decisions — 2008

The Board found that the veteran's service-connected PTSD did not contribute to his cause of death, which was due to myocardial infarction, hypertension, and end stage renal disease. The VA physician opinions supported this conclusion.

The veteran's claim for service connection for cancer of the left kidney, to include as secondary to ionizing radiation is being remanded due to incomplete development regarding exposure to ionizing radiation during service.

The Board has determined that the veteran's anxiety disorder is related to his military service and grants service connection for this condition. The low back and kidney conditions are not currently addressed as they may be related to service, but further examination is needed.

The Board has denied the veteran's claim for service connection for a kidney disorder, finding no current diagnosis and insufficient evidence to establish a link between his diabetes mellitus and any kidney issues.

The Board denied service connection for both a kidney disorder and a back disorder, finding that the conditions existed prior to service and were not aggravated by military service.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his terminal conditions to his military service or exposure to herbicide agents.

The veteran is seeking reimbursement for private medical expenses incurred from November 16, 2004 to November 24, 2004 at Pekin Hospital. The AOJ must verify the veteran's military service and obtain his treatment records from the VA Medical Center in Peoria, Illinois. They must also clarify what medical bills remain outstanding and consider the effects of the recent grant of service connection for renal stone and left varicocele.

The claim for service connection for the cause of the veteran's death has been reopened, but the Board finds that a service-connected disability did not contribute substantially or materially to cause his death.

The Board found that the veteran's kidney cancer is not related to service, including exposure to ionizing radiation. The preponderance of evidence does not support a finding that the cancer was incurred during service or is related to events in service.

The veteran seeks service connection for a kidney stone disorder, which he claims was caused by exposure to radiation during military service. The claim is being remanded due to the unavailability of his service medical records and the need for a VA examination to determine if any current kidney disorder is related to his period of military service.

The VA determined that the veteran's death was not caused by his service-connected bronchiectasis, but rather by a combination of multiple underlying conditions including COPD and renal failure. The VA medical opinion concluded that there is no evidence to suggest that the service-connected bronchiectasis contributed to the veteran's death.

The Board has denied the veteran's claims for service connection for peptic ulcer disease and kidney stones as there is no evidence of current disabilities.

The Board has determined that the appellant does not have service connection for any of his claimed conditions, including PTSD and cancers, due to lack of evidence showing a relationship between these conditions and his military service. The claim is denied.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for the cause of the veteran's death, and thus the claim remains denied.

The Board found that the RO decisions denying DIC benefits were not subject to a claim of CUE, and thus remain final. The effective date for DIC benefits is determined based on when the reopened claim was received.

The Board has determined that the veteran's right knee, Achilles tendon, hip, kidney stones, and left ring finger conditions are likely due to injuries sustained during his active service. Service connection is granted for these conditions.

The Board has remanded the case for additional development, including obtaining an opinion from a VA examiner regarding whether the veteran's hypertension is related to his service-connected diabetes mellitus.

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

The Board has reduced the veteran's rating for his kidney transplant from 100 percent to 60 percent, finding that he no longer meets the criteria for a higher rating due to persistent edema and albuminuria with BUN levels between 40-80 mg% or creatine levels between 4-8 mg%. The veteran's condition has improved since his kidney transplant in July 2003.

The case is being remanded for additional development due to inadequate VCAA notice, including a need to provide proper notice regarding service connection for the cause of death and accrued benefits.