Kidney disease decisions — 2011

The Board has remanded the case for further development due to a request for a Travel Board hearing.

The Veteran's unauthorized medical expenses incurred during non-VA ambulance transport and treatment at a private medical facility on October 7, 2008 were not reimbursable as the services did not meet the criteria for reimbursement under VA regulations.

The Veteran died in April 2006 due to complications from decompensated congestive heart failure and acute renal failure. The appellant claims that the death was caused by improper treatment at a VA outpatient clinic for cellulitis, which she alleges should have been treated with antibiotics instead of lotions.

The Board found that the reduction of the Veteran's disability rating from 100 percent to 60 percent for his service-connected renal disability was proper based on evidence showing he no longer met the criteria for a higher rating.

The Veteran's appeal was denied for various conditions, with the exception of reopening a claim for residuals of infectious hepatitis. The initial rating for diabetes mellitus type II remains at 20 percent.

The Board has remanded the case for further action, including scheduling a Travel Board hearing.

The Veteran's carcinoma of the kidney was not incurred in or aggravated by active service, including exposure to herbicides, and thus he is denied service connection.

The Board has determined that a remand is necessary to address inconsistencies in the medical records regarding the cause of death and to obtain an opinion from a VA oncologist on whether lung cancer was the primary cancer that metastasized to the kidney.

The Board denied the Veteran's claims for service connection for polycystic kidney disease and hypertension, finding that his conditions were not incurred or aggravated by military service.

The Veteran's death was caused by gastric cancer, and the appellant is seeking service connection for the cause of his death. She also seeks DIC under 38 U.S.C.A. � 1151 due to alleged fault on the part of VA medical providers in not discovering his gastric cancer earlier.

The Board has determined that the Veteran's chronic renal disease is not related to his time in service or to his hepatitis C, and thus denied his claim for service connection.

The Veteran's death was not service-connected, and the appellant did not meet the durational requirement for a total disability rating at the time of his death. The Board found that neither the Veteran nor the appellant had established clear and unmistakable error in any prior decision to warrant retroactive benefits.

The Veteran's claim for residuals of pneumonia, also claimed as shortness of breath, was previously denied in July 1990 and reopened by new evidence submitted since then. The low back disorder claim has been reopened but the service connection is not granted.,The low back disorder claim has been reopened with new evidence showing degenerative disc disease and facet joint disease. However, the evidence does not establish that these conditions are related to active service or any incident therein.,The left ankle strain claim was previously denied in March 1977 and reopened by new evidence submitted since then. The evidence does not show a connection between the condition and active service.,Hypertension, enlarged heart, kidney damage, right shoulder disorder, and right leg disorder claims have all been reopened with new evidence but do not establish a connection to active service or any incident therein.

The Veteran's kidney disorder is service-connected as secondary to his service-connected diabetes mellitus. The Board finds that the current respiratory disorder is not related to Agent Orange exposure or service.

The Veteran's cause of death was attributed to hepatorenal failure and Laennec's cirrhosis, but neither condition is service-connected as the evidence does not support a finding that either condition was incurred or aggravated by military service.

The Board denied the Veteran's claims for a compensable disability rating for kidney stones with microscopic hematuria, service connection for depression and glaucoma, hypertension, and total disability rating based upon individual unemployability due to service-connected disabilities.

The Board found that the Veteran's cardiac disability was not incurred in or aggravated by active service, and complications related to the cardiac disorder were not incurred in or aggravated by service and are not causally related to service-connected disability.

The Veteran's kidney problems/renal failure was not incurred in or aggravated by his active duty service and is not otherwise related to service, including as secondary to Agent Orange exposure.

The Veteran's death was caused by renal failure and acute pancreatitis, with multiple other medical problems. The Board is requesting a VA medical opinion to determine if in-service exposure to DDT contributed substantially or materially to the cause of his death.

The Veteran's claims for service connection for stomach problems and kidney infections have been denied as there is no evidence of a current disability or link to service.