Kidney disease decisions — 2008

The veteran's bilateral pes planus, internal derangement of the left knee with osteoarthritis changes, and osteoarthritic changes of the left hip are all found to be related to his military service. However, there is no evidence of a current kidney disorder.

The Board has remanded the case for further development, including a VA examination to determine if hypertension is related to service and whether kidney cancer was caused or aggravated by it. The AMC must also consider whether service connection is warranted for kidney cancer on direct and secondary bases.

The Board has determined that the veteran does have a kidney disease, which is considered diabetic nephropathy. The effective date for service connection will be granted based on the evidence of record.

The Board found that the appellant's kidney disease was not incurred or aggravated in service and is not proximately due to service-connected disability. The Board also found that a chronic disorder manifested by atypical chest pain was not incurred or aggravated in service and is not proximately due to service-connected disability.,For herpes simplex, the evidence tends to establish that it requires systemic therapy for a total duration of six weeks or more during a 12-month period. However, there is no competent evidence showing scarring, deepness, or limited motion.

The Board has denied the veteran's claim for service connection for residuals of a kidney laceration, finding no evidence linking his current condition to events during military service.

The Board has determined that the veteran's renal cancer is not related to his service, including exposure to herbicides. The claim for service connection is denied.

The veteran's cause of death, hepatorenal syndrome due to alcoholic liver disease/cirrhosis, was not related to service or any service-connected disability. The veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Board has reopened the veteran's claims for service connection for hypertension and coronary artery disease, as new and material evidence has been received. The case is remanded to obtain additional medical opinions regarding the etiology of these conditions.

The veteran's PTSD and renal calculi conditions were not granted increased ratings. The PTSD was found to have moderate social and occupational impairment, while the renal calculi condition did not require any medical intervention.

The veteran's claims for a compensable rating for bilateral hearing loss, service connection for liver and kidney conditions due to exposure to herbicides, were all denied.

The Board denied an increased rating for the veteran's renal insufficiency with hypertension and heart disease, finding that the evidence did not meet the criteria for a higher disability rating.

The veteran withdrew his appeal concerning the issue of service connection for a kidney disorder during a hearing before the Board. The remaining issues of service connection for prostate, schizoaffective disorders with depressed mood, and psychotic disorder (claimed as PTSD) are addressed in this remand.

The Board has determined that the veteran's right renal cell carcinoma is related to exposure to ionizing radiation during service and grants service connection for this condition.

The veteran's claim of a disability rating in excess of 20 percent for diabetes mellitus, type II is being remanded due to the need for additional evidence and an examination.

The Board has remanded the case due to insufficient notice regarding whether new and material evidence has been submitted for reopening claims of service connection for bone ulcer of the right shin, chronic kidney disease, diabetes mellitus, and left knee injury.

The Board has denied the veteran's claims for service connection for a liver disability, kidney disability, and left knee disability due to lack of evidence of current disabilities.

The Board has determined that the veteran's death was not caused by his service, and specifically denied service connection for the cause of the veteran's death.

The Board has granted service connection for bilateral hearing loss, diabetes mellitus type II, diabetic retinopathy as secondary to diabetes mellitus type II, hypertension as secondary to diabetes mellitus type II, and end stage renal disease as secondary to diabetes mellitus type II. The veteran's conditions are found to be the result of his active service.

The veteran's combined rating for service-connected disabilities is 60%, which does not meet the criteria for a total disability rating based on individual unemployability (TDIU). The Board finds that the evidence does not support a finding of unemployability due to his service-connected conditions.

The Board has remanded the case for further medical opinions regarding whether the veteran's kidney disease had its onset during service or within a year of separation, and if any events in service caused or aggravated the condition. The claim will be reconsidered based on this new evidence.