Kidney disease decisions — 2011

The Board denied the Veteran's claims for service connection for bilateral hearing loss, hypertension (including as secondary to diabetes mellitus and exposure to herbicide agents), renal insufficiency (including as secondary to diabetes mellitus), and peripheral neuropathy of the upper and lower extremities. The decision is based on a finding that there was no evidence of chronicity in service or a showing of continuity of symptoms after discharge.

The Veteran's claims for increased ratings and service connection have been denied. The evidence does not support the presence of major or minor seizures, ulcers, tinnitus, headaches, left foot disorder, kidney disorder, colitis, or liver disorder that are related to his military service.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for renal failure, heart disease, prostate cancer, removal of the gallbladder, diabetes mellitus, hypertension, skin cancer, and residuals of head trauma. The evidence does not establish herbicide exposure during active duty service.

The Board has reopened the appellant's claim of entitlement to service connection for the cause of the Veteran's death due to new and material evidence, but finds that the Veteran's death was not caused by or related to any in-service event or disease, including herbicide exposure.

The Board has granted the Veteran's claims for service connection for tinnitus and entitlement to a TDIU, effective as of January 3, 1996. The claim for an earlier effective date for these grants is denied.

The Veteran's appeal is remanded due to the need for additional medical records and an examination. The issue of entitlement to compensation under 38 U.S.C.A. § 1151 for residuals of renal carcinoma, status post right kidney nephrectomy, will be reconsidered.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this claim as he is no longer alive.

The Board has restored service connection for the Veteran's Type 2 diabetes mellitus, finding that the original grant of service connection was not clearly and unmistakably erroneous. The issue of whether service connection should be restored for end stage renal disease is remanded due to the need for a VA examination.

The Veteran's cause of death was metastatic renal cell carcinoma. Diabetes mellitus, a service-connected condition presumed due to exposure to Agent Orange, is not considered the primary or contributing cause of his death.

The Veteran's service-connected kidney stones are not productive of recurrent stone formation, with only occasional attacks of colic and no infection or catheter drainage. Therefore, the claim for a compensable rating is denied.

The Veteran's death was not caused by a service-connected disability, and the Board found no evidence linking his cause of death to military service.

The Board has remanded the case for further development, including obtaining service treatment records and an examination to determine if any current lumbar spine disorder is related to service. The Veteran's claims for service connection remain pending.

The Veteran's kidney disease with resulting renal dysfunction is not service-connected due to lack of evidence during service or as a result of presumed Agent Orange exposure. However, the VA examiner found that his current condition may be related to his pre-existing nonservice-connected kidney disease.

The Veteran's appeal involves multiple service-connected disabilities, including diabetes mellitus and renal insufficiency. The RO has not obtained all of the Veteran's private medical records from Dr. Clemis Jackson or his Social Security Administration (SSA) disability benefits records. These records are necessary to make a full determination on the claims.

The Board finds that the Veteran has residuals of frostbite of the hands, which is causally related to his service. The Veteran's claims for kidney stones and bladder disability are denied as there is no current evidence of a disability related to these conditions.

The Veteran's renal cancer and CIPD were not incurred in or aggravated by service, nor are they related to any inservice exposure. Service connection is denied.

The Veteran's claims for residuals of renal cell carcinoma, status-post nephrectomy and hypertension are denied as there is no competent evidence linking these conditions to service or herbicide exposure.

The Veteran does not have a current kidney disability, including residuals of renal cell carcinoma and right nephrectomy. The Board finds that the Veteran's kidney cancer is not related to his military service.

The Board found no evidence of chronic conditions related to the Veteran's service and denied his claims for service connection.

The Veteran's claims for compensation under the provisions of 38 U.S.C.A. § 1151 and TDIU have been dismissed due to his death.