Kidney disease decisions — 2008

The Board has remanded the case for a videoconference hearing due to the veteran's inability to travel to Washington, DC.

The VA denied the veteran's claim of entitlement to service connection for end stage renal disease, finding that there is no medical evidence linking his current condition to his military service.

The Board finds that the veteran does not have any of the claimed conditions during service or due to herbicide exposure.,The Board finds that the veteran does not have a renal condition, bladder condition, right hydrocelectomy, or pain and loss of mobility of the bilateral lower extremities due to herbicide exposure.,The Board finds that the veteran does not have atypical cutaneous t-cell infiltrate in skin (claimed as skin cancer) due to herbicide exposure.

The veteran's appeal is remanded due to the need for additional service connection claims and VA examinations. The TDIU claim will be readjudicated after these issues are resolved.

The veteran's cause of death was not service-connected, and the appellant's claim for DIC under 38 U.S.C.A. § 1318 was denied due to lack of legal merit.

The Board has denied the veteran's claims for service connection for renal carcinoma, status post nephrectomy and an increased rating for pterygium of the left eye. The issues regarding whether new and material evidence has been submitted to reopen a claim for service connection for a stomach condition are referred back to the RO.

The Board found that there is no evidence of a kidney disorder or right eye disorder during service, and the competent medical evidence does not establish a link between these conditions and military service. The veteran's lay statements regarding exposure to sarin gas and contaminated water were not considered sufficient proof.

The veteran's claim for service connection for cardiopulmonary disease was denied. The RO also determined that the veteran did not meet the criteria for an increased rating for his GERD, right shoulder disability, left shoulder disability, bilateral hearing loss, low back disability, degenerative joint diseases of the knees, costochondritis, tinnitus, and hemorrhoids.

The Board found that the veteran's lupus nephritis with lupus anticoagulant syndrome and chronic renal insufficiency did not have its onset in service or within one year of discharge, and there is no competent evidence relating it to any disease, exposure, or injury occurring in service. The claim for service connection was denied.

The veteran's service connection claim for a scar of the kidney is granted as it was incurred during his military service.

The Board denied the veteran's claims for service connection for various conditions, including diabetes mellitus and its secondary effects. The Board found that there was no evidence of a thoracolumbar spine disorder or ankylosing spondylitis during active service or within one year after discharge.

The Board denied the veteran's request to reopen his claim of service connection for polycystic kidney disease, finding that the newly submitted evidence was not new and material.

The Board denied the veteran's claim for service connection for the cause of his death, including as a result of exposure to Agent Orange. The Board found that oropharyngeal cancer, renal failure, and hepatic failure were not shown by evidence to have been incurred as a result of the veteran's active service, including exposure to Agent Orange.

The Board has determined that the appellant was not permanently incapable of self-support prior to her 18th birthday, and therefore does not meet the criteria for recognition as a helpless child.

The Board has determined that the veteran did not timely file a notice of disagreement with the April 2003 rating decision, and therefore, the April 2003 rating decision is final. The claims for compensation under 38 U.S.C.A. § 1151 for renal failure and service connection for congestive heart failure secondary to renal failure are remanded.

The Board denied the appellant's claim for service connection for the cause of the veteran's death, finding that there was no evidence linking any of the listed disabilities to service or presumed exposure to herbicide agents.

The Board has denied the veteran's claims of service connection for chest, nervous, and kidney disorders. The claims for residuals of Giardia Lambia infestation, peptic ulcer disease, head trauma, and fracture of the body have also been denied.

The veteran's chondromalacia of the left knee is not rated higher than 10 percent due to lack of more severe impairment.,A kidney disability was not found to be service-connected or secondary to a service-connected condition.

The veteran's appeal was dismissed due to his death.

The veteran's claim for service connection for his health conditions, including diabetes mellitus and its related complications, is being remanded due to the need for additional development. The case will be returned to the agency of original jurisdiction (AOJ) for initial consideration.