Kidney disease decisions — 2009

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for damage to his left kidney, which he claims was caused by radiation treatment administered during service. The case has been remanded due to the need to locate and obtain relevant medical records.

The Board finds that the Veteran's service-connected PTSD contributed to his hypertension, which was a significant condition contributing to his death. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran does not have diagnosed conditions of sexual dysfunction, prostate hypertrophy, or kidney failure. The claims for service connection and secondary service connection are denied.

The Board has remanded the case for additional development, including obtaining VA examinations and attempting to obtain a spousal examination report.

The Veteran's appeals for increased ratings and service connection were denied. The claim of hypertension secondary to diabetes was not reopened due to lack of new and material evidence.

The Board found that the Veteran's cause of death was not related to his service, including presumed exposure to herbicides in Vietnam. The evidence did not support a diagnosis of diabetes at the time of his death.

The Veteran's kidney cancer was diagnosed in 2003 and there is no evidence of it during service. The claim for hypertension has not been resolved as the condition did not manifest within one year after service.,Further examination and medical opinion are needed to determine if hearing loss, tinnitus, psychiatric disability (PTSD), and skin disorder of the feet are related to service.

The Veteran's loss of part of his intestine and chronic kidney failure do not constitute loss of use of a creative organ, and the preponderance of the evidence demonstrates no loss of use of a creative organ as a result of his military service. Therefore, the criteria for special monthly compensation based on loss of use of a creative organ have not been met.

The Veteran's weak heart during service is considered the cause of his death due to chronic renal failure, myocardial infarction, and arteriosclerotic heart disease. The Board finds that this condition qualifies as a service-connected disability.

The Veteran's death was not caused by VA medical care or treatment, and the appellant is therefore not entitled to DIC benefits under 38 U.S.C.A. § 1151.

The Board found that the Veteran's death was not caused by a service-connected condition, and thus denied service connection for the cause of death.

The Board has determined that the Veteran did not have claims pending at the time of his death for service connection for heart disease and pulmonary disease, both claimed as secondary to a right kidney nephrectomy. Therefore, accrued benefits cannot be granted.

The Veteran's claims for service connection for hypertension and a kidney disorder have been denied as there is no competent medical evidence linking these conditions to his active service.

The Board denied the Veteran's request to reopen his claim for service connection of a kidney disorder, finding that no new and material evidence was submitted.

The Board found that the Veteran did not suffer additional disability, including kidney damage, as a result of VA medical treatment. The decision denied compensation benefits pursuant to 38 U.S.C.A. § 1151.

The Veteran's claims for service connection and increased ratings have been denied. The Board found no evidence of amputation or significant disability in the left small finger, right ankle fracture, compression fracture of the lumbar spine, or left knee injury. Service connection was not granted due to lack of evidence of a nexus between these conditions and military service.

The Veteran's claims for service connection for kidney stones and hypertension were denied. The Board found that the Veteran did not incur these conditions during service or within one year following service, and thus could not be granted service connection. For his bilateral elbow condition, a new examination is needed to determine the current disability.

The Veteran's service-connected disabilities prevent him from performing functions of self-care and may render him unable to protect himself from hazards or dangers incident to his daily environment. The examination is needed to determine if he requires assistance in bathing, tending to hygiene needs, and whether he is substantially confined to his dwelling.

The Board has determined that there is no evidence of a low back disability or kidney disability related to service, and thus the Veteran's claims for these conditions are denied.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.