Kidney disease decisions — 2008

The veteran's claim for service connection for kidney cancer, which is claimed as secondary to Agent Orange exposure, has been remanded due to new evidence submitted by the veteran.

The Board has remanded the case due to missing service records, and further investigation is needed.

The Board has determined that the evidence submitted since the April 1960 rating decision does not constitute new and material evidence to reopen the claim for service connection for albuminuria.

The veteran's renal cell carcinoma was not present during service or until many years after service, and there is no competent medical evidence linking the condition to service, including as due to herbicide exposure. The claim for service connection is denied.

The Board has decided to remand the case for additional development, including obtaining medical opinions and providing VCAA notice.

The Board has determined that the veteran's death was caused by or contributed to by his service-connected essential arterial hypertension, which substantially contributed to his renal cell cancer.

The Board has determined that the veteran's claims for service connection and increased rating have been denied. The veteran's PTSD claim is granted to a certain extent, but not at the maximum possible evaluation.

The Board denied the veteran's claims for service connection for degenerative arthritis of the spine, residuals of crushed fingers, and a pulmonary disorder (claimed as asbestosis), finding that these conditions were not incurred or aggravated by active service. The Board also found that impaired renal function was proximately due to or the result of a service-connected disability.

The Board has determined that new and material evidence has not been submitted to reopen claims for service connection for numbness on the right side, shortness of breath, headaches, PTSD, and blood in urine and semen, kidney disorder, and swollen testicle. The veteran's claim for residuals of throat surgery with dysphagia and dysphonia remains denied.

The veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination. The examiner must provide an opinion on whether it is as likely as not that the veteran's renal and metastatic cancers were incurred in or aggravated by service, including exposure to herbicide agents.

The veteran's unauthorized medical expenses incurred at Southwest Florida Regional Medical Center from March 31, 2006 to April 8, 2006 are now eligible for reimbursement due to the presence of a medical emergency and lack of feasible VA treatment options.

The Board found that the veteran's claimed conditions were not caused or aggravated by service, and denied all claims for service connection.

The veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Board has determined that the effective date for the award of special monthly pension (SMP) for aid and attendance should be July 19, 2007.

The Board found that the veteran's death was not caused by a disability incurred in or aggravated by his active-duty service, including exposure to herbicides and sun exposure. The cause of death listed on the death certificate was respiratory arrest due to acute on chronic renal failure due to malignant ascites due to malignant melanoma.

The Board has remanded the case due to inadequate medical opinion and procedural deficiencies, including failure to provide notice of disability ratings and effective dates.

The veteran's kidney failure, now status post transplant, is found to have been incurred during service.,There is no evidence that the veteran's skin cancer was caused by herbicide exposure or any other incident of service.

The veteran's loss of the right kidney was a result of a perforation during a procedure to examine her left kidney, which was considered a foreseeable complication. The Board found that VA did not act negligently or carelessly in performing the procedure and thus granted benefits under 38 U.S.C.A. § 1151.

The Board denied the veteran's claims for service connection for Gulf War Syndrome, fibromyalgia, a disability of the nervous system, cervical spine disability, lumbar spine disability, gastric disability, liver disability, and kidney disability. The reasons given were that the veteran did not serve in Southwest Asia during the Persian Gulf War and Gulf War Syndrome is not considered a recognized condition.

The Board denied the veteran's claims for service connection for renal disease and cancer of the left tonsil, finding that there was no evidence linking these conditions to his active service or exposure to ionizing radiation.