Kidney disease decisions — 2010

The Veteran does not have liver or kidney failure as a result of VA treatment, and the Board finds that no additional disability was caused by VA's carelessness or negligence.

The Veteran's diabetes mellitus, hypertension, heart disease, liver disability, and chronic renal insufficiency are not service connected. The claims for secondary service connection for these conditions also lack legal merit.

The Board has determined that service connection is granted for renal insufficiency and tinnitus, with the former being related to Atabrine use during World War II and the latter likely due to acoustic trauma sustained in service.

The Board has reopened the appellant's claim of service connection for the cause of her husband's death, finding that new and material evidence has been submitted. The Veteran is presumed to have served in Vietnam based on a lay statement from his unit mate, L.Q., who stated he served with him in Vietnam. However, there is no evidence showing herbicide exposure during service.

The Board found that the Veteran's application for TDIU was not a new claim but rather a notice of disagreement, and thus did not warrant an earlier effective date. The evidence does not show unemployability due to service-connected disabilities prior to December 17, 2007.

The Veteran's current kidney conditions, including nephrolithiasis, right renal cancer status post right nephrectomy, and chronic kidney disease, are related to his active service.

The Board found that the Veteran's current kidney disorder was not incurred in or aggravated by service and denied his claim.

The Board denied the Veteran's claims for service connection for type II diabetes mellitus, kidney disorder, and rheumatoid arthritis. The evidence did not establish that the Veteran was exposed to herbicides in Vietnam or that his conditions were related to active duty service.

The Veteran's claims for service connection and increased ratings were denied. The reduction of the disability rating for gouty arthritis of the right ankle was upheld, but a restoration of a 30 percent evaluation is not warranted.

The Board denied the Veteran's claim for recognition of his son as a 'helpless child' due to permanent incapacity for self-support prior to attaining age 18, finding that there was insufficient evidence to support this claim.

The Veteran's low back pain is rated at 10 percent, and the other claims for service connection are denied. The effective date of this rating decision remains to be determined.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for renal failure and kidney damage was denied due to lack of evidence showing the disability resulted from VA care, treatment, or examination. The claim for service connection for degenerative disc disease of the lumbar spine was also denied as there is no new and material evidence to reopen it.

The Board denied the Veteran's claims of service connection for a bone ulcer of the right shin, diabetes mellitus, kidney disease, and left knee disability. The evidence did not establish that these conditions were related to service.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for the cause of the Veteran's death. The case is remanded for further consideration.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied service connection for chronic renal insufficiency and arthritis of the left upper thigh, finding no evidence to support these claims.

The Veteran's end stage renal disease has been rated at 30 percent since December 1, 2005. The Board finds that a higher rating is not warranted.

The Board denied service connection for diabetes mellitus and kidney disease, finding no evidence of in-service onset or aggravation. The claim for compensation under 38 U.S.C.A. § 1151 was also denied due to lack of additional disability caused by VA treatment.

The VA determined that the appellant did not incur an additional disability manifested by congestive heart failure or kidney stones due to any event not reasonably foreseeable, and there was no fault on the part of VA in providing care. As such, compensation under 38 U.S.C. § 1151 is denied.

The Board has determined that new and material evidence has been received to reopen the appellant's claim of entitlement to service connection for the cause of the Veteran's death. The Board finds that diabetes mellitus, cardiopulmonary arrest, acute renal failure, and sepsis, which caused the Veteran's death, are not related to his military service.