Kidney disease decisions — 2009

The Veteran's appeal is being remanded for further development, including a VA examination and verification of stressor claims.

The Board found that the Veteran's kidney disability and tinnitus were not incurred in or aggravated by active service. The evidence did not support a finding of direct service connection.

The Veteran's decrease in pre-existing renal dysfunction was not caused by the medication prescribed by a VA provider in March 2004, and therefore he is not entitled to compensation under 38 U.S.C.A. § 1151.

The Veteran's claims for increased evaluations of PTSD, diabetes mellitus, and TDIU were denied. The claim to reopen a left knee disorder was not addressed in the decision.

The Board has determined that the Veteran's current hypertension and renal failure, including as secondary to hypertension, were incurred in active service.

The Board denied the Veteran's claim for a higher disability rating for his urethral stricture with chronic renal insufficiency, finding that the condition did not meet the criteria for a higher than 30 percent rating.

The Board has determined that the Veteran's claimed right kidney cancer, recurrent bladder tumors, claudication of the bilateral lower extremities, and left kidney disorder are not service-connected due to a lack of evidence showing their onset during active duty or within one year post-service. The disorders have also not been linked to herbicide exposure in Vietnam.

The Veteran's claimed renal, peripheral neuropathy, diabetic retinopathy, hypertension, coronary artery disease, and erectile dysfunction were not incurred in or aggravated by active service. The claims are denied.

The Board denied the Veteran's claims for service connection for PTSD, kidney disorder, skin disorder, residuals of hiatal hernia, essential tremors, and psychiatric disorder other than PTSD. The evidence did not support a diagnosis of PTSD or any of these conditions.

The Board has determined that the veteran's asbestosis contributed to his death, and thus service connection for the cause of the veteran's death is granted.

The Board is remanding the case to obtain additional medical records and to seek an opinion on whether any service-connected disability contributed to the Veteran's death.

The Board has determined that additional development is needed to address the merits of the Veteran's claim for service connection for the cause of his death. This includes obtaining medical records from the Central California Healthcare System and Fresno VAMC, providing a VA medical opinion regarding the relationship between the Veteran's PTSD and his death, and readjudicating the claim.

The Veteran's kidney stones, right eye disability, elbow disability, periodontal disease, left hip degenerative joint disease, impingement syndrome of the left shoulder, CAD, PVD of the right subclavian artery, GERD, IBS, fracture of the left ankle, and hemorrhoids have been granted service connection. The Veteran is assigned a 20 percent initial rating for PVD of the right subclavian artery.

The Veteran died from nonservice-connected causes and was not in receipt of VA service-connected benefits at the time of his death. Therefore, he is ineligible for VA nonservice-connected burial benefits.

The Veteran's claim for service connection for a right kidney disorder was denied. The Board found that the right kidney disorder, which is presumed to be due to exposure to herbicides during service in Vietnam, was not caused by his service and is therefore not service-connected.

The Board denied the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318, finding that the Veteran did not meet the threshold criteria of having been in receipt of a service-connected disability rated as totally disabling for at least 10 years immediately preceding his death.

The Veteran claims compensation under 38 U.S.C. § 1151 for various disabilities, including chronic pancreatitis, abscesses, anemia and renal failure, which he alleges were caused by insufficient care received at the VA Medical Center in Kansas City prior to his September 2007 hospitalization.

The Board has remanded the case due to incomplete VA records from Tuskegee, Alabama. The Veteran's claims for service connection for various conditions related to diabetes mellitus are being reviewed.

The Board has determined that service connection is not warranted for any of the appellant's claimed disabilities, as none are on the presumptive list associated with herbicide exposure.

The Board has determined that the Veteran's kidney disorder is causally related to service and grants service connection for this condition.