Kidney disease decisions — 2010

The Board has determined that the Veteran's sickle cell anemia clearly and unmistakably existed prior to service and was not aggravated by service. As such, service connection is denied.

The Veteran's service-connected conditions did not contribute to his death. The Board found that the immediate cause of death was myocardial infarction, but ruled out a causal link between his service-connected bilateral nephrolithiasis and his renal failure.

The Board found that the cause of death was not incurred in or aggravated by active service and may not be presumed to have been so incurred or aggravated. The Veteran's disabilities, including hypertension and coronary artery disease, were initially demonstrated years after service.

The Board has determined that the Veteran's bladder cancer and kidney disorder did not begin during service or are otherwise related to service. The claims for these conditions have been denied.

The Veteran's death was not caused by his service-connected conditions, and the Board finds no evidence to support a presumption of exposure to Agent Orange. The claim for service connection for cause of death is denied.

The Board denied service connection for type II diabetes mellitus, kidney disability, heart disability, and residuals of a stroke. The Veteran's claims were based on direct evidence rather than presumptive exposure to herbicides or other conditions.

The Board denied the Veteran's claims for service connection for lumbar spine disability, adrenal gland disorder, orthopedic disability manifested by multiple joint aches and pains, and chronic disability manifested by multiple muscle aches and pains. The evidence did not support these claims.

The Board denied the Veteran's claims for service connection for cancer of the left kidney and residuals of a left nephrectomy, as well as lung cancer. The evidence did not support a finding that these conditions were related to herbicide exposure or service.

The Board has determined that the Veteran does not meet the criteria for service connection for a chronic low back disability, cyst, left kidney, temporomandibular joint disease (TMJ) to include as secondary to PTSD, tinnitus, or hearing loss.

The Veteran's initial ratings for diabetes mellitus, peripheral neuropathy of the lower extremities, and chronic kidney disease have been granted. The Veteran is currently receiving a 40 percent rating for diabetes mellitus.

The Veteran's additional renal/kidney disability was as likely as not caused or aggravated by mitral insufficiency and congestive heart failure, determined to be caused by VA medical treatment rendered in March 2005.

The Board has remanded the case to adjudicate the service connection for cryoglobinemia with hepatitis C and kidney complications for accrued benefit purposes, and then to readjudicate the claim of service connection for the cause of the Veteran's death.

The Veteran does not have any of the claimed conditions that are related to his service, and the Board finds that the preponderance of the evidence is against all claims.

The Board found that the Veteran's kidney disability and hypothyroidism were not incurred in or aggravated by service, and thus denied his claims for service connection.

The Board has remanded the Veteran's claims for service connection due to new and material evidence having been submitted. The issues are whether new and material evidence has been submitted to reopen his claims of hypertension with postoperative residuals of coronary artery disease and myocardial infarction, as well as kidney disease including nephropathy, both claimed as secondary to service-connected Type II diabetes mellitus, and entitlement to a total disability rating based upon individual unemployability due to service-connected disability.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for stage III chronic kidney disease, which he claims was caused by high dose nonsteroidal anti-inflammatory drugs (NSAIDs) prescribed by VA. The Board has determined that additional development is necessary to determine if the Veteran's kidney disease is an additional disability proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.

The Board has determined that there is no current diagnosis of a respiratory disorder and insufficient evidence to support service connection for either the respiratory or kidney disorders. The Veteran's assertions regarding his symptoms are outweighed by the lack of corroborating medical evidence upon discharge from service.

The Veteran's death was not due to a service-connected disability, and he did not have a permanent and total disability resulting from a service-connected disability at the time of his death. Therefore, the appellant does not meet the basic eligibility requirements for Dependents' Educational Assistance benefits under Chapter 35.

The Board has determined that the Veteran's service-connected varicose veins and arthritis contributed to his death due to coronary artery disease, cor pulmonale, and diabetes mellitus. The appeal is granted.

The Board has determined that the Veteran does not have current residuals of frostbite or renal cancer, and therefore cannot establish service connection for these conditions.