Kidney disease decisions — 2008

The appellant is seeking accrued benefits based on monies payable to the veteran at the time of his death. The case has been remanded for further development and readjudication.

The Board denied the veteran's request to restore a 100% evaluation for his renal dysfunction with coronary artery disease associated with diabetes mellitus, type II. The RO reduced this rating from 100% to 60%, effective September 1, 2004.

The Board has remanded the case for further development, including obtaining a VA nephrologist's opinion regarding the etiology of the veteran's death causing renal failure and providing VCAA notice in accordance with Hupp v. Nicholson.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 for kidney failure, claimed as due to medication prescribed by VA for nonservice-connected gout is being remanded due to inadequate notice and missing Social Security Administration records.

The veteran's increased ratings for recurrent kidney stones and headaches were granted, while his rating for hemorrhoids was denied.

The Board denied the veteran's claims for increased ratings for her service-connected right and left knee disabilities, as well as her recurrent urinary tract infections with history of renal stones. The RO had previously granted these conditions but did not assign higher disability ratings.

The Board has remanded the case for further development to determine if the veteran's Type II diabetes is due to steroid use, and to review all evidence in light of the provided instructions.

The Board has remanded the case for additional development and review of the record.

The Board has remanded the case for additional development due to lack of medical opinions on whether the veteran's conditions were caused by VA treatment and whether there was fault on VA's part.

The Board denied service connection for PTSD due to insufficient information provided by the veteran regarding his in-service stressors. The claims of service connection for impotence, bladder and kidney disease (claimed as nocturia and urinary frequency), and gastrointestinal disability (GERD) are also denied as there is no evidence supporting a link between these conditions and active service.

The Board denied the veteran's claim for service connection for left renal cell carcinoma, finding that it was not incurred or aggravated by his service or a service-connected condition.

The veteran's service-connected recurrent kidney stones are not shown to be productive of a disability picture greater than recurrent stone formation requiring diet therapy, drug therapy, or invasive or non-invasive procedures more than two times per year. As such, the claim for an evaluation in excess of 30 percent is denied.

The veteran's claims have been dismissed due to his death.

The Board denied the veteran's claims for service connection for kidney and liver disorders, finding no direct evidence of their onset during service or a link to service.

The Board determined that there was no relationship between the veteran's service and his death, including consideration of claimed asbestos exposure. The cause of death was listed as sepsis encephalitis due to respiratory and renal failure.

The veteran's claims for increased ratings and a total disability rating based on individual unemployability were denied. The RO found that the evidence did not meet the criteria for higher ratings under the applicable diagnostic codes.

The Board has determined that there is insufficient evidence to decide the claim of service connection for the cause of the veteran's death. The appellant and her representative are requested to provide any additional medical records, specifically those from the veteran's final hospitalization, and a VA medical opinion will be obtained to determine if prostate cancer or Agent Orange exposure contributed to the cause of death.

The Board denied the veteran's claims for service connection for an abdominal disorder, right renal calculi, and left renal cyst. The evidence did not support a finding of in-service disease or injury related to these conditions.

The Board denied the veteran's claims for service connection for residuals of heart disease, kidney disease and stroke. The Board also denied secondary service connection for bilateral below the knee amputations due to heart disease.

The Board has determined that the veteran's kidney stones are presumed to have been incurred in service.