Kidney disease decisions — 2010

The Board has remanded the case due to incomplete records and additional evidence, as well as the need for a VA examination regarding the Veteran's renal cell carcinoma.

The Board found that the Appellant did not have a period of active duty for training (ACDUTRA) or inactive duty training (INACDUTRA) after January 1978, and therefore could not establish service connection for diabetes mellitus, hypertension, or renal failure incurred during such periods. The claims were denied.

The Veteran's death was not caused by a service-connected disability, and his causes of death were not otherwise causally related to active service or to a service-connected disability. The appellant's claims for service connection for the cause of the Veteran's death and DIC benefits are denied.

The Veteran's renal insufficiency with a transplanted kidney and abdominal ventral hernia were not incurred or aggravated by service, including exposure to herbicide agents. The presumption of exposure to Agent Orange does not apply.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for a VA examination. The Veteran seeks an increased evaluation for his service-connected right ureterolithiasis, previously claimed as kidney dysfunction.

The Veteran's claim for service connection for cancer of the left kidney, status post left nephrectomy is being remanded due to his request for a video conference hearing.

The Veteran's service-connected disability of surgical absence of the left kidney with compensatory hypertrophy of the right kidney does not prevent him from securing or following a substantially gainful occupation.

The Board found that there is no evidence of a chronic disability related to the in-service head and facial injury, and thus denied service connection for residuals of a head and facial injury. The Veteran's kidney disorder was also not established as being incurred or aggravated by service.

The Board denied the Veteran's claims for service connection for kidney stones and hepatitis C, finding that new and material evidence had not been received to reopen the previously denied claims.

The Veteran's appeal is remanded due to the need for additional development, including a VA examination and consideration of extraschedular considerations.

The Veteran's appeals for service connection have been withdrawn. The Board is remanding the remaining claims to obtain updated VCAA notice and to schedule VA examinations to determine the etiology of his claimed disabilities.

The Veteran's appeal for service connection for renal cell carcinoma has been dismissed due to his death.

The Board has remanded the case due to the need for additional VA medical records and a complete report of the November 2009 VA examination addendum.

The Veteran's appeal is denied as the Board finds that his service-connected conditions do not warrant a higher evaluation or TDIU.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was not granted any new or material evidence to reopen his claim of a back disability.

The Board denied the Veteran's claims for service connection for a back strain, left knee condition, and kidney disease. The claim for TDIU was also denied. The Veteran's attempts to reopen his previously denied claims were unsuccessful.

The Board has determined that the Veteran's need for regular aid and attendance of another person is established, based on his multiple disabilities including seizure disorder, hypertension, diabetes, chronic renal insufficiency, degenerative disc disease, sleep apnea, narcolepsy, and diabetic neuropathy. As a result, SMP benefits are granted.

The Board denied the Veteran's claims for service connection for chronic kidney disease, stage III, with urinary hematuria; diabetes mellitus, type II; and dyslipidemia. The decision was based on a lack of evidence linking these conditions to service or presumptive exposure to herbicides.

The Veteran has developed additional disabilities, including renal insufficiency, myocardial ischemia, and lower extremity compartment syndrome, as a result of VA hospitalization from November to December 2005. The Board finds that these disabilities are related to the care provided by VA.

The Board found no evidence linking the Veteran's death to his service-connected conditions or any condition incurred in service, and thus denied the claim for service connection for the cause of the Veteran's death.