Kidney disease decisions — 2009

The Board has determined that further VA examination is needed to determine if the Veteran's hypertension, depression, and kidney disability are related to his service-connected conditions.

The Veteran's claim for service connection for chronic kidney disease is being remanded due to the need for additional medical records and an examination.

The Veteran's claim for reimbursement of unauthorized medical expenses is denied as VA facilities were feasibly available and an attempt to use them beforehand would have been reasonable, and the disorder does not qualify as a medical emergency.

The Board denied an earlier effective date for the non-service-connected disability pension award, finding that entitlement arose on November 16, 2004, when the Veteran's private physician provided medical evidence supporting his claim.

The Board found that the appellant's bilateral kidney cancer is less likely related to service exposure, and more likely due to obesity and cigarette smoking. The case was denied as there was no evidence of radiation exposure during service.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing.

The Board found that the Veteran's skin cancer, kidney cancer, and prostate cancer were not present during service or for many years thereafter, and there is no medical evidence of a nexus between any of these disabilities and any incident of service, to include claimed exposure to ionizing radiation.

The Board has determined that further development of the Veteran's claims, including obtaining his service records and conducting medical examinations, is necessary to properly adjudicate these issues.

The Board denied service connection for hypertension, chronic renal insufficiency, and anemia as secondary to the Veteran's service-connected diabetes mellitus. The evidence did not show that these conditions were caused or aggravated by the diabetes.

The Board denied service connection for the Veteran's claimed conditions, finding that they were not related to his military service and did not arise from herbicide exposure in Vietnam.

The Board found that the Veteran's service-connected anxiety state did not contribute substantially or materially to his death, and thus denied service connection for the cause of his death.

The Board denied the Veteran's claims of entitlement to service connection for ED, bladder and kidney disability (claimed as nocturia and urinary frequency), and GERD. The Board found that these conditions were not incurred or aggravated in service and are not proximately due to, or the result of, his service-connected diabetes mellitus.

The Board has granted a 60 percent rating for the service-connected medullary sponge kidney with recurrent kidney stones, and has also granted entitlement to a total disability rating for compensation purposes based on individual unemployability due to service-connected disabilities.

The Board has remanded the case for additional development, including obtaining a nephrologist's opinion on whether the Veteran's hypertension caused or worsened his fatal renal disease.

The Board found that hypertension and chronic renal insufficiency were not incurred in or aggravated by active service, nor are they proximately due to or aggravated by a service-connected condition. The claims for service connection were denied.

The Board finds that the Veteran does not have Type II Diabetes Mellitus or Kidney Cancer that is related to his military service. The evidence does not show actual duty or visitation in Vietnam, and there is no indication of herbicide exposure during service.

The Board denied the Veteran's claim for service connection for a kidney condition, finding that his preexisting kidney condition did not worsen during active duty and was not aggravated by service.

The Board found that the veteran's cause of death was not due to service or exposure to dioxin, and thus denied the claim for service connection.

The veteran's appeal is being remanded for further action, including scheduling a Travel Board hearing.

The Veteran's claims for service connection have been reopened, but the new evidence does not provide sufficient material to substantiate his claims for right wrist and cervical spine disabilities. His kidney disorder and low back disability are still under consideration.