Kidney disease decisions — 2009

The Veteran's claims for service connection are being remanded due to the need for additional medical records and a VA examination.

The Veteran's appeal is being remanded for further examination and opinion to determine his ability to work due to service-connected disabilities.

The Veteran's death was not caused by any service-connected disability, and the appellant did not file a claim for accrued benefits within one year of his death. Therefore, the claims for service connection for the cause of death, accrued benefits, and nonservice-connected death pension benefits are all denied.

The Veteran does not have hearing loss related to his military service, and the Board finds that he does not have a kidney disability due to military service.

The Board found that the Veteran's service-connected disabilities did not cause or contribute to his death. The appellant argued that diabetes mellitus type II, which she claimed was caused by herbicide exposure in service, contributed to his death.

The Board has determined that the Veteran does not meet the criteria for service connection for hypertension, as secondary to kidney stones. The claims of service connection for left elbow and shoulder disabilities have also been denied due to lack of evidence linking these conditions to service or a service-connected disability.

The Veteran's death was not caused by service-connected disability, and the appellant did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's kidney disorder, diagnosed as diabetic nephropathy, is found to be etiologically related to his service-connected diabetes mellitus. However, the Veteran's coronary artery disease was not incurred or aggravated in service and is not considered secondary to diabetes mellitus.

The Veteran's renal cell carcinoma and colon cancer were not incurred or aggravated by service, nor may they be presumed to have been due to herbicide exposure.

The Veteran's appeal was denied for an increased rating for left shoulder strain, service connection for atrophic right kidney, thoracic spine disorder, hypertension, bilateral salpingo-oophorectomy, residuals of tubal ligation, and residuals of both bunionectomies. The decision also noted that the Veteran withdrew her appeal regarding the increased rating for left shoulder strain.

The Veteran's claim for earlier effective dates for service connection for diabetes and associated renal dysfunction was denied as he did not meet the eligibility criteria for such benefits.

The Board denied service connection for eye disorders, kidney and liver disorders, dizzy spells and headaches, and PTSD as secondary to the Veteran's service-connected diabetes mellitus. The evidence did not show these conditions were related to service or service-connected diabetes.

The Board has determined that the Veteran does not have peripheral neuropathy of the upper or lower extremities, nor a kidney disability or eye disability, which are etiologically related to his service-connected diabetes mellitus. As such, these claims for secondary service connection are denied.

The Veteran's claim for continuation of vocational rehabilitation training was denied as she had already been rehabilitated and employed in an occupation related to her program.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a finding of service connection for any of the claimed conditions, including as secondary to his service-connected adenocarcinoma of the prostate.

The Board has denied the Veteran's applications to reopen his previously denied claims for service connection for urethral stricture, bilateral renal cysts, and benign prostatic hypertrophy due to a lack of new and material evidence. The claims are not reopened.

The Board has determined that the Veteran's death was not caused by, or substantially or materially contributed to by, a disability incurred in or aggravated by his active service. The cause of death listed on his death certificate was sepsis due to renal failure.

The Veteran's claim to reopen his service connection for loss of the left kidney is being remanded due to incomplete VA and private treatment records. The CUE issue regarding the July 1976 RO decision will also be remanded.

The Veteran's service-connected gunshot wound involving muscle groups III and IV may have contributed to his death, but this needs further clarification from a VA medical examiner.

The evidence does not show a current renal disability or impairment, and the Board finds that any symptoms are related to uncontrolled diabetes mellitus rather than a renal condition.