Kidney disease decisions — 2008

The veteran's claim for reimbursement of unauthorized dental services is denied as the treatment was not rendered in response to a medical emergency and VA facilities were feasibly available.

The Board denied the veteran's claims for service connection for various conditions, finding that none of them were incurred in or aggravated by active service.

The Board denied the veteran's claims for reopening his PTSD and chronic renal failure service connection claims, as well as his claims for dyspnea, respiratory disability, and heart condition. The decision also found that he did not have a respiratory disability or heart condition.

The veteran's appeal is remanded due to a need for a new VA examination and readjudication of his claim.

The Board found that the veteran's kidney cancer and metastatic lung cancer were not incurred in or aggravated by service, including from exposure to chemicals from medical research experiments. The preponderance of evidence indicated these conditions are unrelated to his military service.

The Board found that the cause of the veteran's death, metastatic renal carcinoma, was not related to his military service and denied the claim for service connection.

The veteran's schizophrenia, rated at 50 percent prior to November 7, 1996, and at 70 percent thereafter, is granted. Additionally, the veteran is granted a TDIU based on his service-connected disabilities.

The Board found that the veteran's respiratory disorder, including COPD, is not due to in-service asbestos exposure. The renal cell carcinoma may be presumed to have been caused by ionizing radiation exposure during service.,The veteran testified and provided evidence suggesting his current conditions are related to in-service exposures.

The Board has remanded the case due to additional development needed, including searching for service medical records and scheduling an examination. The veteran's claims for increased rating for rheumatic fever and service connection for arthritis and kidney disorder are pending.

The Board has granted service connection for degenerative joint disease of the lumbar spine and polymorphous light eruption (PMLE) of the skin. The hip disability and left kidney condition are denied as not incurred in or aggravated by service.

The Board found that atherosclerotic coronary artery disease and renal cell carcinoma were not incurred in service or related to service, asbestos exposure, or PCB exposure.

The Board denied the veteran's claim for service connection for hydronephrosis of the left kidney, finding that new and material evidence was not submitted.

The Board denied the veteran's claim for service connection for a plantar wart of the right foot with renal failure, finding that there was no evidence to support a direct link between the condition in service and the current disability.

The Board found that none of the causes of the veteran's death were incurred in or aggravated by his military service, nor may they be presumed to have been incurred in such service. The cause of death was not proximately due to or the result of a service-connected disease or injury.

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

The veteran had service-connected disabilities but was not rated at 100% for a continuous period of eight years prior to his death. The appellant's claim is based on hypothetical entitlement, which is precluded by the revised regulations.

The Board has remanded the case for further development due to conflicting evidence regarding whether the veteran's renal cancer is related to service, including presumed exposure to herbicides. The issue of tinnitus remains unresolved and will be addressed in a future decision.

The Board has determined that the veteran's kidney stones are related to a fall during basic training and have granted service connection for this condition.

The veteran received unauthorized medical care for back strain and kidney stones. The Board found that the treatment was not in an emergency situation, thus VA does not have to pay for it.

The Board has reopened the veteran's claim for service connection for left renal tuberculosis and granted it, finding that new medical opinions support a link between his condition and his military service.