Kidney disease decisions — 2011

The Board has dismissed the appeal due to the Veteran's death, as it does not have jurisdiction to adjudicate these claims.

The Board found that no service-connected disability caused or substantially contributed to the Veteran's death. The cause of death was determined to be staph sepsis with an underlying cause of aspiration pneumonia, which resulted from a stroke.

The Board denied the Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 due to heart disease, arthritis of multiple joints, hypertension, fever blisters, vision disorder, and kidney disorder (including hematuria).

The Veteran's appeal is remanded to obtain a VA examination and opinion regarding whether his service-connected disabilities render him unemployable. The case will be readjudicated after the examination.

The Veteran's disability compensation benefits are not apportioned to his minor children due to the fact that he is providing for them through garnishment of Social Security checks, and there is no evidence of hardship or special circumstances warranting a special apportionment.

The Board has denied the Veteran's claim for service connection for kidney stones, finding that there is no current disability and no relationship to service or service-connected diabetes.

The Veteran's ischemic heart disease, which was presumed to have been incurred due to his exposure to Agent Orange during service, contributed substantially or materially to cause his death from congestive heart failure.

The Veteran's cause of death was listed as metastatic pancreatic cancer, which began weeks before his death and was not service-connected. The Board found no evidence to support a presumption of service connection based on exposure to herbicides.

The Board found that the Veteran's cause of death, hepatic and renal failure due to sepsis, was not caused by or substantially contributed to by his service-connected conditions (PTSD, diabetes mellitus, and cirrhosis).

The case is being remanded due to the submission of additional pertinent medical evidence and an August 2009 VA Form 9. The benefits sought on appeal are not granted at this time.

The Veteran's kidney disorder and chronic fatigue syndrome are not deemed to be caused by VA medical treatment, as the evidence does not support a finding of carelessness, negligence, or similar fault on VA's part. The preponderance of the evidence indicates that these conditions were due to his own medication use.

The Veteran died in October 2006 from multiple causes, and the appeal is remanded due to incomplete records and inadequate notice.

The Board has determined that the appellant's claimed disabilities are not related to his active service, and thus denied all of his claims.

The Board found that the Veteran's renal cysts with renal cell carcinoma, status post left partial nephrectomy, is not related to his military service and denied his claim for service connection.

The Board has remanded the case due to incomplete service records and outstanding private treatment records. Service connection for diabetes mellitus is being considered based on presumed exposure in Vietnam.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and a VA examination to assess the current severity of his service-connected sarcoidosis with pulmonary and renal involvement.

The Board denied service connection for kidney disorder, left ear hearing loss, left ear tinnitus, and eye disorder (secondary to diabetes mellitus) as there was no evidence of current disabilities or a link between the conditions and service.

The Veteran's claim for nonservice-connected VA pension benefits is denied as he did not serve during a period of war and thus does not meet the basic eligibility requirements.

The Board has determined that there is no evidence of a bladder or kidney disability incurred in service, and the Veteran's current conditions are not related to his military service. The VA examiner concluded that any current bladder and kidney disabilities are due to congenital defects.

The Veteran's claims for service connection for various conditions and SMC based on the need for regular aid and attendance or being housebound were received by the RO after his death, but prior to the issuance of a final decision. As such, these claims are not considered pending at the time of his death.