Kidney disease decisions — 2010

The Board determined that the Veteran's renal cell cancer did not arise from his service-connected prostate cancer or exposure to Agent Orange. The cause of death was deemed unrelated to any service-connected condition.

The Board found that the cause of death, metastatic colon cancer, pneumonia, and renal failure, did not have onset during active service or within one year of separation from service. The diseases were not related to the Veteran's service and there was no evidence linking them to exposure to herbicides in Vietnam.

The Veteran's service-connected disabilities have been rated based on their manifestations due to his diabetes mellitus. The initial ratings for hypertension, peripheral neuropathy of the upper and lower extremities, diabetic retinopathy, and chronic kidney disease are all granted.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that neither a principal nor contributory cause was related to service.

The Board found that the Veteran's renal and heart disorders were not incurred or aggravated in service, and there was no evidence of diabetes due to Agent Orange exposure. The cause of death (renal failure and congestive heart failure) is therefore not considered service-connected.

The Board denied the Veteran's claims for service connection for skin cancer and kidney cancer, both of which were not present in service or within many years after discharge. The evidence did not establish a direct relationship between these conditions and service.

The Veteran's spouse is not considered to be in need of regular aid and attendance based on the criteria set forth in 38 C.F.R. § 3.352(a).

The Veteran's appeal is being remanded for a VA examination to determine the nature and severity of his service-connected residuals of a perforated right kidney disability, including any urinary frequency disability related to this condition. The case will be readjudicated based on all relevant rating criteria.

The Veteran's initial compensable ratings for bilateral hearing loss and chronic renal failure from January 5, 2005 were denied. The Veteran also requested higher initial ratings for a left total knee replacement but these issues are not addressed in the decision.

The Board has remanded the Veteran's claim for an initial rating in excess of 30 percent for status post right renal transplant due to end stage renal disease, as well as his separate compensable rating for the left radical nephrectomy based on paired organ pursuant to 38 U.S.C.A. § 1160. The case is remanded for further development and evaluation.

The VA Medical Center in Kansas City did not cause the Veteran's additional disabilities, including chronic pancreatitis, abscesses, anemia, and renal failure, due to negligence or unforeseeable events. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board found that the Veteran's lupus erythematosus and kidney transplant residuals were not related to his military service, as there was no evidence of such conditions during or within one year after service. The claim for service connection is therefore denied.

The Board denied the Veteran's claim for an effective date prior to November 8, 2001, for nonservice-connected pension benefits.

The Board has determined that the appellant is recognized as the Veteran's surviving spouse and that his service-connected PTSD contributed substantially or materially to cause his death. The decision grants both issues.

The Board has granted service connection for tinnitus and denied service connection for a prostate disorder, sinusitis, and tinea versicolor (claimed as a skin rash). The Veteran's tinnitus is presumed to have been incurred in service due to noise exposure. His prostate disorder, sinusitis, and tinea versicolor are not considered to be related to his active service.

The Veteran died from multiple causes, including a perforated gastric ulcer. The VA is being asked to determine if the death was caused by negligence or lack of proper care during his hospitalization.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for aid and attendance or housebound status. His conjunctivitis is currently rated at 10 percent.

The Board has denied the Veteran's claim for service connection for a kidney disorder and diabetes mellitus, Type II. The Veteran is not shown to have a current kidney disorder at any time during or since his military service.

The Board denied the claims for service connection for cause of death and nonservice-connected death pension due to a lack of evidence showing that any condition leading to the Veteran's death was related to his military service.

The Veteran's Dupuytren's contracture of the right hand was found to be incurred in service and granted service connection.