Kidney disease decisions — 2010

The Board has remanded the case for additional development, including obtaining service treatment records and arranging for VA examinations to determine the nature and etiology of the Veteran's claimed disabilities.

The Board has determined that the Veteran's kidney stones are proximately due to, or the result of his service-connected residuals of small bowel resection.

The Veteran's death was not caused by a service-connected disability, and the Board finds that the left knee disability did not contribute to his death or cause any of the conditions listed. Service connection would not have been warranted for these conditions on a secondary basis.

The Veteran is found to be in need of regular aid and attendance due to his physical and mental incapacity, which requires care or assistance on a regular basis to protect him from hazards or dangers incident to his daily environment. The Board has granted the special monthly pension based on this finding.

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

The Board denied reopening the Veteran's claim for service connection due to lack of new and material evidence.

The Veteran's disability rating for his right and left kidney disorder was increased to 60 percent effective July 13, 2007. The decision also noted that the Veteran has claimed entitlement to service connection for a cerebrovascular accident (CVA) as secondary to his service-connected disability of the kidneys.

The Veteran's service connection claim for coronary artery disease is granted due to presumed exposure to herbicides. The claims for kidney condition and right jaw line squamous cell carcinoma are denied as there is no evidence linking these conditions to his military service.

The Veteran's polycystic renal disease is currently rated at 30 percent, the highest schedular rating available. The Board finds that a higher rating is not warranted as his condition is asymptomatic and does not meet the criteria for a higher rating under Diagnostic Code 7533.

The Board found that the Veteran did not innocently acquire hepatitis C infection during active service and denied claims for service connection for chronic renal failure, hypertension, and congestive heart failure. The evidence showed no direct link between these conditions and his military service.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence to support the Veteran's assertions that his current conditions are related to his military service.

The Board has remanded the case due to outstanding VA and private treatment records, as well as a need for further examination regarding the Veteran's HIV.

The Board found that the Veteran's death was not caused by any service-connected disability, and there is no evidence of exposure to Agent Orange or other presumptive conditions. The claims for service connection and DIC were therefore denied.

The Veteran's claims for higher initial ratings and service connection are being remanded due to the need for additional examinations and stressor verification.

The Veteran's claim for service connection for schizophrenia, paranoid type has been dismissed due to withdrawal. The Veteran is granted compensation under 38 U.S.C.A. ¶ 1151 for diabetes mellitus, which was a result of VA treatment. The Board finds that the Veteran's renal disease and coronary artery disease are secondary to his diabetes mellitus.

The Board denied the appellant's claim for enhanced DIC benefits, finding that the Veteran had not been rated at a 100% disability level for a continuous period of at least eight years prior to his death.

The Veteran's fibrocystic breast disease is presumed to have manifested during active service. The Veteran does not currently have a renal cyst of the right kidney or any residuals thereof. The Veteran's service-connected status post bunionectomy, with bilateral hallux valgus, is not manifested by severe hallux valgus equivalent to amputation of the great toe, nor has it been operated upon with resection of the metatarsal head.

The Board has determined that additional development is necessary to determine if the Veteran's service-connected asthma contributed to his death, and whether any other conditions listed were related to his military service or secondary to his service-connected condition.

The Board found that there is no credible evidence linking the Veteran's kidney disorder to his military service, and denied both claims for service connection.

The Board has remanded the case for readjudication of the claim of service connection for cryoglobinemia, hepatitis C, and kidney complications for accrued benefits purposes. If granted, the claim of service connection for the cause of the Veteran's death will be readjudicated.