Kidney disease decisions — 2009

The Veteran's claims for specially adapted housing and special home adaptation grant were denied as he does not meet the criteria for either benefit.

The Veteran's bladder and kidney disability is not service-connected, but he was granted compensation under 38 U.S.C.A. § 1151 for his condition due to VA treatment. The claim for service connection of the bladder and kidney disability remains pending. The claim for reopening of the hemorrhoids claim has been granted.

The Board found that the Veteran's diabetes mellitus, with hypertension, peripheral neuropathy, rectal abscess, retinopathy, and renal insufficiency, was not incurred or aggravated by service, including as due to herbicide exposure. The claim for service connection was denied.

The Board has denied the Veteran's claims for service connection for various conditions, finding that there is no evidence of a nexus between any claimed condition and his military service.

The Veteran's disability picture encompasses a variety of significant multi-system disabilities, factually rendering her more often than not unable to safely perform virtually all activities of daily living without regular assistance from another person. The Board grants special monthly pension benefits based on the need for regular aid and attendance.

The Veteran's kidney cysts and depression are not service-connected. The Board denied the claims for service connection due to lack of evidence linking these conditions to his military service.

The Veteran's chronic renal disease was not incurred in or aggravated by active service, and the Board denied his claim for service connection. However, he met the criteria for special monthly pension based on a need for regular aid and attendance due to his end-stage renal disease.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and scheduling examinations to address the nature and etiology of various claimed conditions.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that his service-connected injuries did not contribute to or cause his renal failure. The appellant was also denied reopening her prior claim due to lack of new and material evidence.

The Board denied the Veteran's claims for service connection for various conditions, including heart disease, kidney disorder, liver disorder and hepatitis B, low back disorder, headaches, and a psychiatric disorder other than PTSD. The appeals were all dismissed as new evidence was not submitted to reopen these claims.

The Board denied all reopened service connection claims for hypertension, depression, sleep disorder, skin rash, throat infection, ear infection, and kidney stones as due to an undiagnosed illness. The evidence submitted did not relate to an unestablished fact necessary to substantiate the claims.

The Veteran's death was not due to service or a service-connected disability, and thus no child or surviving spouse is eligible for DEA benefits.

The Veteran's claims for increased rating of hypertension, service connection for numbness of the hands other than CTS, and chronic fatigue syndrome (CFS) were denied. Service connection for a kidney disability was also denied due to lack of post-service medical evidence.

The Board has determined that the Veteran's death was caused by his aspiration pneumonia, which is considered a contributory cause of death. The evidence is at least in equipoise as to whether the aspiration pneumonia contributed substantially or materially to the Veteran's death.

The Board found that the Veteran's death was not caused by a service-connected disability and denied the claim.

The Board has reconsidered the Veteran's claims and found that new service personnel records received since the January 1998 rating decision are relevant to his diabetes mellitus and coronary artery disease claims. As a result, these claims have been reopened.

The Veteran's service connection claims for prostate, bladder, kidney stones, hernia, heart and vision disabilities are denied as there is no evidence of a nexus to his military service or herbicide exposure.

The Board has remanded the case due to the need for a medical examination or opinion regarding whether the Veteran's kidney disease is related to her in-service complaints and findings.

The Board has determined that there is no competent evidence linking any of the claimed conditions to service, including an in-service automobile accident. Therefore, service connection for a back disability, right hip disability, bilateral leg injury as secondary to a back disability, and right kidney disability are denied.

The Board denied the Veteran's claim for service connection for residuals of right kidney removal in an August 1956 decision, finding that the condition was a congenital defect and that the surgery to remove it was ameliorative. The current appeal seeks to reopen this claim with new evidence.