Kidney disease decisions — 2009

The Board has determined that the Veteran's death was not caused by a service-connected disability, and therefore denied both the claim for service connection for the cause of the Veteran's death and the claim for burial benefits based on a service-connected death.

The Board has determined that the Veteran's death was caused by non-small cell lung cancer, which is presumed to be associated with his service exposure to Agent Orange. The cause of death is therefore granted.

The Board has decided that additional development is needed to determine if the Veteran's renal and lung cancer were related to his service, including exposure to herbicide agents.

The Board has ordered remand due to a need for additional medical opinion regarding the role of the Veteran's diabetes in his death.

The Board has determined that the Veteran does not have a current diagnosis of a renal condition or hematuria, and thus cannot establish service connection for these conditions. The claim for Reiter's syndrome is also denied.

The Board has remanded the case for further development, including obtaining VA treatment records from 1971 and 1972 in Dallas. The Veteran's claim for service connection for residuals of contusion of the left kidney will be reconsidered after this additional evidence is obtained.

The Veteran's claim for service connection for residuals of a fractured heel is denied as there is no evidence of current disability.,Heat failure, claimed as the result of a February 2005 cardiac catheterization at a VA facility, is not found to be due to an event not reasonably foreseeable or carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. Therefore, his claim for benefits under 38 U.S.C.A. § 1151 is denied.

The Board has remanded the case for further development and medical opinions regarding the cause of the Veteran's death, specifically whether it is as likely as not that any conditions contributing to his death are related to service or specific exposures.

The Board has denied the Veteran's claims for service connection for various disabilities, including eye condition, right shoulder disability, kidney disorder, left knee disability, right ankle disability, and left ankle disability. The issues were previously adjudicated as final due to lack of new and material evidence.

The Board has determined that the Veteran does not have tinnitus, hypertension, or a renal disability that is attributable to his active military service. The claims for these conditions are therefore denied.

The Veteran's service-connected disabilities do not meet the percentage requirements for a TDIU, and his unemployability is attributed to nonservice-connected conditions.

The Board of Veterans' Appeals has determined that the Veteran's chronic renal disorder is not due to negligence or fault on the part of VA, and thus compensation under 38 U.S.C.A. § 1151 for this condition is denied.

The Board found that the Veteran's nephrolithiasis and chronic renal insufficiency were not incurred in or aggravated by service, nor may it be presumed to have been. The evidence did not support a finding of continuity of symptomatology since service.

The Veteran's unauthorized emergency room treatment for a kidney stone on July 29, 2004 is approved as reimbursement or payment under VA regulations.

The Board has determined that the Veteran's death was not caused by any service-connected disability, and no other condition can be attributed to his death. The cause of death was due to Pneumocystis carinii pneumonia, AIDS, renal failure, and chronic intravenous narcotism.

The Board found that the Veteran's kidney conditions and peripheral vascular disease are not due to or the result of his service-connected diabetes mellitus, type II or any other incident of service.

The Board has determined that there is insufficient evidence to establish service connection for kidney failure due to exposure to ionizing radiation. The Veteran's unit history and medical records are needed to determine if he was exposed to ionizing radiation during his military service.

The Veteran died of a stroke, and the cause-of-death claim is being remanded due to inadequate notice regarding conditions not yet service-connected. The DEA claim is also being remanded as it hinges on the outcome of the cause-of-death claim.

The Board has remanded the case for additional development, including obtaining medical opinions to determine if the Veteran's current genitourinary and cardiovascular conditions are related to service.

The Board has ordered a VA examination to determine if the Veteran's current heart disease, stroke, and kidney disease are related to service. The case is also remanded for further development regarding bilateral below the knee amputations.