Kidney disease decisions — 2009

The Veteran's claim for service connection for diabetes mellitus with end stage renal disease, diabetic retinopathy, peripheral neuropathy, diabetic gastroparesis, and coronary artery disease is being remanded due to the submission of new evidence that has not been reviewed by the RO.

The Veteran's death was not caused by any service-connected disability, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's claim for an increased evaluation in excess of 30 percent for hydronephrosis with recurrent pyelonephritis and status post wedge resection of left renal cell carcinoma is denied as there was no evidence showing the disability warranted a rating higher than 30 percent.

The Board has determined that the Veteran's right kidney disability and left lung cancer are not related to his military service.

The Veteran's cause of death was listed as ischemic cardiomyopathy, coronary artery disease (CAD), peripheral vascular disease (PVD), and chronic renal insufficiency. The Board finds that the Veteran's COPD, which he developed due to exposure to welding fumes in service, contributed substantially to his death.

The Veteran's claims for service connection are being remanded due to the need to verify his claimed period of service and obtain his service medical records.

The Veteran's claims for service connection have been denied as there is no evidence of a GSW, blood in the urine, or soft-tissue sarcoma due to herbicide exposure. The claims for dental trauma and cerebral concussion were previously denied and new and material evidence has not been provided. The remaining claims are also denied.

The Veteran's death was not caused by or a result of his service-connected condition, squamous cell carcinoma. The Board found that the service-connected disability did not contribute to the cause of death.

The Veteran is service connected for chronic renal insufficiency, diabetes mellitus, and hypertension. His disabilities have resulted in the loss of use of one lower extremity (left foot) and balance issues due to dizziness, which preclude locomotion without a wheelchair. The Board has determined that he meets the criteria for specially adapted housing based on his service-connected conditions.

The Board found that the August 1998 RO rating decision denying service connection for chronic renal disease was not revised or reversed on grounds of clear and unmistakable error (CUE), as the evidence did not establish a current diagnosis of chronic renal failure attributable to service or service-connected disability.

The Veteran's claims for service connection for hypertension and a kidney disability are being remanded due to the need for additional development, including obtaining medical records from private providers.

The Veteran's appeal is being remanded for further evidentiary development, including a video conference hearing.

The Veteran's recurrent kidney stones do not result in the required disability levels for a higher evaluation, and thus his claim for an increased rating is denied.

The Board found that the Veteran's fatal renal cell carcinoma was not caused by or aggravated by his service-connected hypertension, and thus denied service connection for the cause of death.

The Veteran's claims for service connection for kidney disease and left renal cell carcinoma, as well as his increased rating claim for degenerative disc disease of the lumbar spine, were denied. The appeal is not about service connection at all.

The Veteran's cause of death was listed as bladder cancer and renal failure, which were not service-connected. The Board found that the preponderance of evidence did not support a finding that any service-connected disability caused or contributed to his death.

The Veteran's claims for service connection for tinnitus, renal cell carcinoma, and colon polyps were denied. The Board found no evidence linking these conditions to military service or exposure to herbicide agents.

The Board found that the cause of death was not related to service-connected conditions and denied all issues. The appellant is not eligible for VA pension benefits due to lack of qualifying service.

The Veteran's claim for service connection for tinnitus was granted. Other claims were not addressed due to the need for additional development.

The Veteran's cause of death was renal cell carcinoma, which the VA found not to be service-connected. The Board determined that there was no direct or secondary service connection for his death.