Kidney disease decisions — 2010

The Veteran's renal cancer of the left kidney and metastatic disease were not shown to be related to service, including exposure to ionizing radiation. The Board found that the Veteran did not have a compensable dose of ionizing radiation during his military service.

The Board found that the Veteran's claimed disabilities were not caused by VA medical treatment, specifically the administration of Felodipine. The evidence did not support a finding that the medication caused or aggravated his existing conditions.

The Board denied the Veteran's claim for an earlier effective date for nonservice-connected pension, finding that there was no pending claim prior to August 21, 2006, and thus denying the claim.

The Veteran's appeal is being remanded for further development to determine the etiology of his claimed disabilities, including diabetes mellitus, hypertension, skin disease, vascular diseases, cervical and lumbar spine disorders, and kidney failure.

The Board found that the Veteran's cause of death was not related to service, including any exposure to herbicides in Korea or Vietnam.

The Veteran's appeal for service connection of a kidney disability was dismissed due to his death.

The Veteran's claims for increased ratings and service connection were denied. The maximum schedular evaluation for the status post salpingoophorectomy was granted, but no additional evaluations were warranted.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the left femur fracture, fractures of the toes, and hemorrhoids with postoperative perianal abscess are currently rated appropriately at 10%. No compensable rating was assigned for the residuals of a left kidney rupture or chondritis of the sternum.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine if his sleep apnea is related to service.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that his kidney disease did not have a direct link to his military service and was more likely related to uncontrolled hypertension and cocaine abuse.

The Board denied the Veteran's claims for service connection for hypertension, a kidney condition, and erectile dysfunction. The decision found that hypertension was not incurred in or aggravated by service and is not proximately due to or the result of any service-connected disability. The kidney condition claim was reopened but still denied as there is no evidence showing it was incurred in service. Erectile dysfunction claims are remanded for further development.

The Veteran's death was caused by coronary artery disease, which is service-connected. The Board grants service connection for the cause of the Veteran's death and dismisses the DIC claim as moot.

The Veteran is seeking service connection for renal cell carcinoma, which he contends results from exposure to herbicides during service. The case has been remanded due to the need for further development and review of additional evidence.

The Board has remanded the case for further development regarding the Veteran's claims of service connection for kidney dysfunction and PTSD. The Veteran is to provide medical records, obtain military police reports, witness statements, or line of duty investigation reports, and state any new evidence he may have.

The Veteran's appeal of the claims for service connection for liver disorder, kidney disorder, post concussion syndrome, cervicalgia, lacerations of the face and nose, right foot contusions, and to reopen the claim of service connection for a low back disability was withdrawn. The claim for an increased rating for tinnitus is denied as there is no legal basis for assignment of a schedular evaluation in excess of 10 percent.

The Board found that renal failure did not have its onset during active duty and denied the Veteran's claim for service connection.

The Veteran's renal cell carcinoma was not incurred in or aggravated by active service and may not be presumed to have been incurred during such service due to his presumed herbicide exposure. The Board found that the evidence does not support a finding of service connection for the Veteran's kidney cancer.

The Board finds that the Veteran's appeal was timely filed, and therefore, the claims for service connection for hearing loss and tinnitus are being considered on their merits. The claim for kidney disease (to include glomerulonephritis) is remanded due to a need for further development.

The Veteran's renal cancer is being reviewed for potential service connection due to exposure to Agent Orange during his military service in Vietnam. The claim will be remanded for further development and consideration.

The Veteran's claim for service connection for hypertension and kidney disease is being remanded due to the need for additional development, including obtaining a medical opinion on the relationship between his current conditions and military service.