Kidney disease decisions — 2011

The Veteran's service connection claims for bilateral hearing loss, tinnitus, gastrointestinal disability (including ulcers), kidney stones, and right knee synovitis were denied. The Board found that the pre-existing hearing loss was not aggravated by service.

The Board finds that the Veteran's renal cell carcinoma was not incurred in or aggravated by service, nor may it be presumed to have been incurred as a result of radiation exposure.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and records review.

The Board has remanded the case for further development, including obtaining a VA medical opinion on whether the Veteran's death was related to his use of Digitoxin and determining if additional burial benefits are warranted.

The Board has granted service connection for renal carcinoma and lung cancer as secondary to renal carcinoma, and has also granted a TDIU based on the Veteran's service-connected disabilities.

The Veteran's appeal is remanded due to the need for a new VA examination and updated treatment records. The issue of entitlement to an initial disability rating in excess of 30 percent for renal insufficiency remains on appeal.

The Board has determined that a kidney disability was not incurred in or aggravated by active service and its incurrence or aggravation during such service may not be presumed. The Veteran's psychiatric disability (PTSD) is also denied as there is no evidence of an in-service stressor.

The Board has determined that chronic kidney disease, affecting both kidneys, developed due to the Veteran's service-connected diabetes mellitus and is therefore granted as secondary to his service-connected condition.

The Board has remanded the case for additional development, including scheduling a hearing at the RO.

The Board denied the Veteran's claims for VA compensation under 38 U.S.C.A. § 1151 for adrenal insufficiency and congestive heart failure with atrial fibrillation, finding that informed consent was present or a reasonable person would have consented to the treatment even with known risks.

The Veteran's claims for increased ratings and service connection have been denied.,The claim of new and material evidence to reopen a left knee disability has also been denied.

The Board found that the Veteran's death was not caused by VA's failure to timely diagnose or treat his kidney disease (End-Stage Renal Disease) and/or chronic obstructive pulmonary disease. The medical evidence showed appropriate treatment for these conditions, and there is no indication of negligence on VA's part.

The Veteran's application for reimbursement of medical expenses incurred during his hospitalization from November 16, 2008 to November 20, 2008 at Community Medical Center in Missoula, Montana was denied because he had not received medical services under authority of 38 U.S.C. Chapter 17 within the 24-month period preceding the furnishing of such emergency treatment.

The Board found that the evidence did not show that VA medical care was the proximate cause of the Veteran's additional disabilities, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board finds that the service-connected prostate cancer contributed to the Veteran's death due to advanced kidney cancer, and grants service connection for the cause of death.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of this claim as he is deceased.

The Veteran's combined disability rating is 80 percent, but she is not found to be unemployable due to her service-connected disabilities.

The Board has determined that the Veteran's death was caused by his underlying conditions, but these conditions were not service-connected. The appellant did not provide credible evidence of exposure to Agent Orange or other herbicides during service.

The Board found that the service-connected penile lesions with impotence did not cause or contribute to the Veteran's death, and concluded that any kidney damage was unrelated to his in-service injury.

The Veteran's initial claim for an increased rating for a chronic renal disorder was denied, and his request to reopen a claim for service connection for bronchial asthma was also denied. The Veteran's chronic renal disorder is currently rated at 30 percent.