Kidney disease decisions — 2009

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran is seeking an earlier effective date for a total disability rating based on individual unemployability (TDIU). The case has been remanded due to the need to address whether there was clear and unmistakable error in a January 2002 rating decision that failed to consider TDIU.

The Board denied service connection for various conditions, including benign tumors of the colon, migraines, hearing loss, tinnitus, peripheral neuropathy, psychiatric disorders, and vascular diseases. The appeal was reopened on new evidence.

The Veteran's death was not caused by or contributed to substantially or materially by any service-connected disability. The Board finds that the cause of death, septic shock due to toxic megacolon and C-DIF, did not result from a service-connected condition.

The Veteran's death was caused by a heart condition, which is listed as a presumptive disability for former POWs. The appellant filed her claim more than one year after the effective date of the liberalizing law allowing for this presumption, so she is not entitled to an earlier effective date.

The Board found that the cause of the Veteran's death was not incurred or aggravated by active service.

The Board has determined that additional development is needed to determine if the Veteran served in Vietnam and whether his death was related to service-connected conditions or other factors. The claim will be remanded for further action.

The Veteran's appeal is remanded due to the need for additional development, including obtaining a physical examination report and verifying claimed stressors. The issues of increased rating for renal insufficiency with hypertension and service connection for PTSD are also pending.

The Board has granted the Veteran's claims for increased ratings for her right and left knee disabilities, each rated at 10 percent under Diagnostic Code 5257. The Veteran's kidney stones are currently rated as 30 percent disabling.

The Board has remanded the case for further development to determine if there is a medical connection between the Veteran's death from metastatic renal cell carcinoma and his active service.

The Veteran's claims for service connection for various conditions are denied as the evidence does not support a finding that any of these conditions were incurred or aggravated by military service, including exposure to biological experiments.

The Board found that the Veteran's hypertension and renal insufficiency were not incurred in or aggravated by service, and thus denied his claims for service connection.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to take further action on the merits of this case.

The Veteran's death was not caused by a service-connected disability, and he did not meet the eligibility criteria for VA nonservice-connected death pension benefits or DIC under 38 U.S.C.A. § 1318.

The Veteran's service-connected disabilities prevented him from keeping himself clean and avoiding daily hazards, meeting the criteria for special monthly compensation based on need for regular aid and attendance.

The Board found no evidence of current renal colic or stones, and concluded that the Veteran's current chronic renal insufficiency is not due to his service-connected renal colic. Therefore, a compensable disability rating for renal colic was denied.

The Board has remanded the case due to incomplete medical records and a need for additional VCAA notice. The appellant is seeking service connection for the cause of her husband's death, but the claims file lacks relevant medical records from Norman Regional Hospital.

The Board has remanded the case for additional development, including obtaining SSA records and VA treatment records, as well as a medical opinion regarding the Veteran's cause of death. The appellant is seeking service connection for the cause of her husband's death and entitlement to Dependents' Educational Assistance.

The Board found that the Veteran's conditions did not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status, as he was able to perform daily activities independently and had no physical or mental incapacity requiring regular care.

The Board has denied the Veteran's claim to reopen his service connection claims for hypertension, peripheral neuropathy, heart disorder, kidney disorder, vision disorder, back disorder, right leg disorder, and pes planus. The evidence submitted since the July 2002 final rating decision did not provide new and material evidence to support these claims.