Kidney disease decisions — 2010

The Board has determined that additional development is needed to determine the relationship between the Veteran's claimed conditions and his service-connected diabetes mellitus, as well as any other relevant factors. The case will be returned for further action.

The Board found that the Veteran's kidney condition was not caused by VA negligence and denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the Veteran's claims for service connection for hypertension and a right kidney disorder, finding no competent or credible evidence linking these conditions to his military service, including exposure to Agent Orange.

The Veteran's cause of death (cardiopulmonary arrest, respiratory failure, organic heart disease, chronic obstructive lung disease, and renal failure) was not related to his service or any event therein. The appellant did not file a timely claim for accrued benefits.

The Veteran's service-connected disabilities have effectively precluded locomotion without the aid of a cane or motorized wheelchair, meeting the criteria for specially adapted housing assistance.

The Veteran's death was not caused by, or substantially or materially contributed to by, any disability incurred in or aggravated by active service.

The Board found that the cause of the Veteran's death was not due to service-connected conditions, and denied the claim for service connection for the cause of death.

The Board has granted service connection for right lower extremity sciatica as secondary to the Veteran's service-connected herniated disc at L5-S1. The claim for a kidney disorder was denied due to lack of competent medical evidence showing it was first manifest in service or within one year thereafter, or that it was caused by his service-connected disability.

The Board denied the Veteran's claims for increased ratings for his right and left knee disorders, lumbar sprain, recurrent kidney stones, and headaches. The Veteran was granted an initial compensable rating of 10 percent for headaches effective June 26, 2009.

The Veteran's claim for service connection for prostate cancer, erectile dysfunction, incontinence, and kidney stones as a residual of herbicide exposure is being remanded due to lack of factual evidence of herbicide exposure.

The Board has reopened the appellant's claim for service connection for the cause of the Veteran's death due to new and material evidence. The case is remanded to determine if the Veteran was exposed to radiation during his military service.

The Board has granted service connection for diabetes mellitus, polycystic kidney disease, and coronary artery disease as presumptively related to exposure to herbicide agents during service in the Gulf War.

The Veteran's kidney cancer is not shown to be related to his military service or herbicide exposure, and the claim for service connection is denied.

The Board has granted service connection for Type II diabetes mellitus, finding that the Veteran's exposure to Agent Orange during his military service is sufficient evidence to grant this claim. The respiratory and kidney disability claims are remanded due to insufficient information regarding their relationship to service.

The Board found that the Veteran's claimed conditions were not caused by VA medical treatment in April 2005, nor was such aggravated by VA medical treatment or the result of an event not reasonably foreseeable. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board found that the Veteran's treatment on July 22, 2008 did not constitute a medical emergency and thus denied reimbursement for unauthorized private medical expenses.

The Board denied the Veteran's claims for service connection for chronic right epididymitis, bladder cancer, kidney cancer, and scars of the nose and cheek due to exposure to ionizing radiation. The decision found no evidence associating these conditions with active service or exposure to ionizing radiation.

The Veteran's appeals of the denials of service connection for hypertension and hyperlipidemia have been withdrawn. The Board finds that there is no current evidence to support a finding of service connection for any of the remaining conditions listed.

The Board found that the Veteran's cause of death was not related to his in-service exposure to Agent Orange or any other incident of service, and concluded that his diabetes did not contribute substantially or materially to his death.

The Veteran's appeal is being remanded to the RO for further examination and development due to conflicting opinions regarding his kidney disorder.