Kidney disease decisions — 2010

The Board found that the reduction of the 100 percent rating to a 30 percent rating for polycystic kidney disease was proper, but should have been effective on June 1, 2003. The Veteran's claim for DEA Chapter 35 benefits must be denied as he does not meet the eligibility criteria.

The Veteran's death was not caused by any service-connected disability, and the cause of his death (ischemic colitis) is not related to his service or a service-connected condition.

The Board found that the Veteran's acute renal failure was not caused by VA carelessness, negligence, or similar fault. The Veteran does not have a current chronic renal disability.

The Veteran seeks service connection for renal glycosuria and diabetes mellitus, type II. The Board finds that a VA examination is necessary to determine the nature, extent, onset, and etiology of these conditions.

The Board denied the Veteran's claims for service connection for carcinoma of the bladder, venostasis with venostasis ulcerations of the bilateral lower extremities, kidney disability, multiple tubular adenomas and lower gastrointestinal bleed, and liver disability. The primary cancers were not found to be related to his prostate cancer or any other service-connected condition.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's kidney disease and its relationship to service. The Veteran is requested to provide any additional treatment records, including private ones, for consideration.

The Board has determined that the Veteran's death was not caused by a service-connected disability, including PTSD.

The Board denied the Veteran's claims for service connection for a right ankle disorder and kidney disease, finding no current disability in service or within one year of service that is related to his military service.

The Veteran's multiple disabilities, including bronchial asthma, renal insufficiency, diabetes mellitus, dextroscoliosis of the lumbar spine, osteoarthritis of both knees, and cataract, are reasonably certain to continue throughout his life and sufficiently severe to prevent him from following a substantially gainful occupation. The Board grants nonservice-connected pension benefits based on permanent and total disability.

The Veteran's claims for service connection for various conditions were denied. The Board found that the Veteran did not have a currently diagnosed bilateral knee or ankle disability, and his right renal cyst, hypertension, GERD, hiatal hernia with esophagus narrowing and polyps, and deviated left nasal septum are all considered to be related to his active military service.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at St. Joseph's Hospital in Tampa, Florida from August 6 to August 7, 2003 is being remanded due to incomplete information and the need for additional development.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing a VA examination to determine the nature and etiology of any sickle cell disease that may be present.

The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling new examinations, and readjudicating the issues on appeal.

The Board has determined that the Veteran's death was not caused or materially contributed to by any service-connected disability, including those presumed due to herbicide agent exposure in Vietnam.

The Board has determined that the appellant's kidney stones and left shoulder disability were not incurred or aggravated during his active duty service, and therefore denied service connection for these conditions.

The Veteran's death was caused by metastatic carcinoma of the rectum, chronic renal failure, pneumonia, and anemia. The appellant contends that his service-connected PTSD contributed to these conditions and thus indirectly contributed to his death.

The Veteran's appeal is being remanded for additional development due to inadequate examination reports. The issues are service connection for nephrolithiasis and an initial compensable rating for migraine headaches.

The Veteran's appeals for service connection were dismissed due to his death.

The Veteran's acute renal failure in September 2005 was due to VA's negligence in failing to instruct him to discontinue his use of benzapril, which led to the kidney damage. The claim is granted.

The Board has determined that the Veteran does not have diabetes mellitus, prostate disability, kidney disease, bilateral ankle degenerative joint disease, or bone spurs as a result of his active service. The claims are therefore denied.