Kidney disease decisions — 2010

The Board denied the Veteran's claims for service connection for diabetes mellitus, hypertension, a chronic kidney disability, an eye disability (diabetic maculopathy and diabetic retinopathy), and pancreatitis due to Agent Orange exposure. The evidence did not support a finding of current diagnoses or a link between these conditions and military service.

The Board has denied service connection for a chronic kidney disorder and chronic sinusitis. The Veteran's claims for service connection of allergic rhinitis and gout are being REMANDED to obtain additional medical opinions regarding the etiology of these conditions.

The Veteran's death was not caused by a service-connected disability, and the appellant is not eligible for Dependents' Educational Assistance.

The Board denied service connection for a low back disability, as well as compensation benefits under 38 U.S.C.A. § 1151 for heart and chronic renal diseases.

The Board has determined that the Veteran's cause of death was not related to his service-connected disabilities, including diabetes mellitus, tinnitus, post-traumatic stress disorder, shell fragment wound scars, and bilateral hearing loss.

The Veteran's claim for service connection for AIDS/HIV and related conditions is being remanded due to the submission of new evidence in January 2010. The VA will need to reconsider this decision and obtain additional medical records, including from correctional facilities where the Veteran was incarcerated.

The Veteran's appeal has been dismissed due to his withdrawal of claims for service connection for hypertension, coronary artery disease, residuals of stomach cancer, and an initial rating claim for bilateral hearing loss.

The Veteran's appeal of the claim for service connection for chronic bladder infections has been dismissed due to a prior Board decision granting compensation benefits under 38 U.S.C.A. § 1151 for right kidney disability and bladder infections resulting from surgical procedures performed at a VA medical facility in 1980.

The Board found no evidence linking the Veteran's service-connected conditions to his death, and denied the claim for service connection for the cause of death.

The Veteran's cause of death, metastatic renal cell cancer, is presumed to be related to his service exposure to Agent Orange.

The Veteran's initial and staged ratings for renal cell carcinoma, status post left nephrectomy, were granted. The Veteran was also granted a compensable rating for bilateral hearing loss.

The Veteran's claims for chronic liver disease, including hepatitis C; kidney disorder; and psychiatric disability (depression) have been denied as there is no evidence of current disabilities or a connection to service.

The Veteran's claim for service connection for vitiligo was denied, and his claim for renal cell carcinoma was granted. The grant of service connection for renal cell carcinoma is based on new evidence submitted since the last denial.

The Veteran's unauthorized medical expenses incurred during a period of emergency room care at Presbyterian Hospital on April 23, 2005 are granted as the criteria for payment under 38 U.S.C.A. § 1725 have been met.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding that there was no evidence to support a finding that any condition not yet service-connected contributed to the Veteran's death. The Board also found that the Veteran did not have hepatitis B or C as a result of VA medical treatment.

The Board has determined that new and material evidence was not presented to reopen the Veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 for residuals of Interferon treatment, as the newly submitted evidence does not show that the claimed side effects were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA medical personnel.

The Board denied the appellant's claims for accrued benefits and Dependency and Indemnity Compensation due to the severance of service connection for diabetes mellitus, as well as her request for retroactive payment based on an earlier effective date.

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

The Board has determined that there is no current diagnosis of kidney stones, and thus the Veteran's claim for service connection for kidney stones is denied. The claims for initial compensable ratings for chronic upper back disability and chronic low back disability are remanded for additional development.

The Board has reopened the claim for service connection for renal cell carcinoma with right nephrectomy due to new evidence received since the last denial. The Veteran's current diagnosis of renal cell carcinoma is presumed related to his in-service exposure to Agent Orange.