Kidney disease decisions — 2010

The Veteran's appeal is being remanded for further action, including verifying his address and scheduling a videoconference hearing.

The Veteran's death was not caused by any service-connected disability, and the appellant did not meet the criteria for Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318.

The Board has determined that the Veteran's left ankle sprain did not manifest during service and is therefore denied. However, the Board has found clear and unmistakable evidence of a pre-existing kidney stones condition prior to service. The Board also found no increase in severity of the Veteran's kidney stone condition during service, thus finding aggravation by service.

The Veteran's kidney cancer is not related to his service, including exposure to Agent Orange in Vietnam.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, clarifying an opinion from a February 2007 VA examination, and scheduling the Veteran for an appropriate examination to determine the nature, extent, and etiology of his kidney disorder.

The Board found that the Veteran's cause of death (renal failure due to diabetes mellitus and hypertension) was not caused or aggravated by his military service, including exposure to herbicides.

The Veteran's hepatitis C was found to be incurred in service, while his kidney disability is not considered service-connected due to being related to a non-service-connected condition (diabetes mellitus).

The Board denied the Veteran's claims for service connection for diabetes mellitus, multiple myeloma, peripheral neuropathy of bilateral upper and lower extremities, hypertension, gout, and residuals of kidney infection due to lack of evidence linking these conditions to his military service. The Board found that there was no confirmed exposure to Agent Orange during his service in Thailand.

The Board denied the appellant's claim that the Veteran's death was due to a service-connected condition or one that contributed substantially or materially to his death. The evidence did not establish that hepatitis caused liver failure, and there is no clear indication of hepatitis in service.

The Board has remanded the case for further action due to a need to determine if the Veteran was exposed to ionizing radiation in service, which could affect his claims.

The Board found that the Veteran did not have Hepatitis C or Hepatitis B in service and denied these claims. The claim for Chronic Renal Failure was also denied as there is no evidence linking it to service.

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

The Board has determined that the Veteran's testimony regarding his fall and urinary problems is credible, and supports a finding of service connection for an atrophied right kidney. The claim for back condition was dismissed due to withdrawal by the Veteran's attorney.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his service personnel records and verifying his alleged exposure to herbicides in Korea. The Social Security Administration records will also be obtained.

The Veteran withdrew his appeals for increased evaluation of service-connected removal of left kidney and initial compensable evaluation for residual scars, removal of left kidney.

The Board has remanded the case for further development due to inadequate prior examinations and a need for new medical opinions.

The Board denied the appellant's petition to reopen her claim for service connection for the cause of the Veteran's death, finding that no new and material evidence had been received to relate his death to service.

The Board denied the Veteran's claims for service connection for diabetes mellitus as secondary to IBS, renal failure as secondary to diabetes mellitus, and liver disorder as secondary to IBS. The claim for a higher rating than 30 percent for IBS was also denied.

The Veteran's claims for service connection for renal disease and hypertension have been denied. The claim for hypertension has been reopened due to the submission of new evidence, but remains denied.

The Board found that new and material evidence had not been submitted to reopen the claim of service connection for a left kidney disability, as the evidence did not show that the Veteran's pre-existing condition worsened during service or was otherwise aggravated.