Kidney disease decisions — 2009

The Veteran's claim for payment or reimbursement of ambulance services provided by American Medical Response on June 5, 2005 is granted as the circumstances satisfy the criteria under 38 C.F.R. § 17.143(b) for reimbursement of travel expenses.

The Veteran's claim for an increased evaluation of his service-connected left knee disability was denied. The RO assigned a temporary total rating from February 12, 2004 to March 31, 2005 and then a permanent 60 percent evaluation effective April 1, 2005.

The Veteran's kidney disorder, arteriosclerotic heart disease, benign prostatic hypertrophy, bronchial asthma, and residuals of a left breast shrapnel wound are not service-connected. The claims for these conditions were denied due to lack of evidence linking them to his military service.

The Board finds that the Veteran's death was not caused by any incident in service or related to a service-connected disability, and thus denied service connection for the cause of the Veteran's death.

The Board found that the Veteran's service-connected malaria did not play a role in his death, and concluded that ischemic cardiomyopathy, acute renal failure, and hepatitis were not incurred or aggravated by service.

The Veteran claims service connection for a kidney disorder, which he contends is related to his active service. The RO has requested VA medical records and will schedule the Veteran for a VA examination to determine if his current diagnosed kidney disorders are at least as likely as not related to his period of active service.

The Veteran's renal failure is found to be due to or the result of lithium therapy for his service-connected bipolar disorder, and thus service connection is granted.

The VA medical opinion found that the Veteran's service-connected PTSD did not substantially and materially contribute to his death from metastatic prostate cancer, cardiorespiratory arrest, or hypostatic pneumonia/renal failure.

The Board has denied the Veteran's claims of service connection for Crohn's disease with rectal fistula and kidney disorder and immune disorder, as these conditions are not shown to be related to his military service.

The Board has dismissed the appellant's claims of entitlement to earlier effective dates for service connection due to a final rating decision in May 2003 and June 2004, which cannot be revised based on clear and unmistakable error.

The Board has dismissed the appeal due to the death of the appellant, and no service connection or special monthly pension was granted.

The Veteran's kidney disorder is not related to his service, and the Board finds that he did not have a chronic condition in service or for many years thereafter.

The Veteran's right kidney disability, sexual dysfunction, and bowel disability were caused or aggravated by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault during a September 1998 laparoscopic ureterolysis. As such, the criteria for compensation under 38 U.S.C.A. § 1151 have been met.

The Veteran's death was not caused by a service-connected disability, and the appellant did not meet the legal criteria for accrued benefits.

The Board has reopened the Veteran's claims for service connection for a psychiatric disability with headaches, finding that new evidence supports his claim. The previous denial was based on an initial diagnosis of personality disorder in service and no relationship to service.

The Board has determined that the Veteran's claimed conditions are not related to his active service and have denied all of his claims for service connection.

The Veteran seeks service connection for various conditions, including fibromyalgia and other health issues, all claimed as secondary to chemical and/or biological exposure during active duty. The Board finds that additional development is necessary due to the unclear nature of the classified agent exposure.

The Board has remanded the Veteran's claims due to the need for additional development and examination regarding his claimed right kidney and heart disabilities.

The Veteran's kidney stones are not manifested by at least occasional attacks of colic without infection or necessity of catheter drainage since the claim was filed, and he has had no noted renal impairment during that time period. The criteria for an initial compensable disability rating for kidney stones have not been met.

The Board found that the Veteran's current kidney disease, including lupus nephritis, was not incurred during service and is not otherwise causally related to service. The claim for service connection was denied.