Kidney disease decisions — 2011

The Board denied service connection for the cause of the Veteran's death, attributing it to lung cancer and metastatic renal cell adenocarcinoma. The appeal was not about service connection at all due to lack of evidence of herbicide exposure in Vietnam.

The Board found no evidence linking the Veteran's current lumbar spine disorder or renal cell carcinoma to his service, and thus denied both claims.

The Veteran's bilateral foot calluses and right ureteral reflux with a history of kidney stones are currently rated at the minimum levels, and the Board finds that neither condition warrants an increase in rating.

The Veteran's loss of the right kidney, resulting from a surgical procedure at VA, is found to be due to carelessness or negligence on the part of VA medical providers. As such, he meets the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's spouse is denied enhanced DIC under 38 U.S.C.A. § 1311(a)(2) because the Veteran was not rated totally disabled for at least 8 continuous years immediately preceding his death.

The Board has determined that the Veteran's renal cell carcinoma, which resulted in pulmonary metastasis, is related to his exposure to Agent Orange during service and grants service connection for this condition.

The Veteran's appeal is being remanded for a Travel Board hearing. Service connection claims for hypertension, stroke residuals, and kidney failure are pending.

The Veteran's kidney disability with hypertension is not presumed to be due to exposure to herbicides, and the Board finds no evidence linking it to service. The Veteran's PTSD does not meet the criteria for a higher rating.

The Veteran's claim of service connection for a kidney disability is being remanded due to the need for further medical development, including a VA examination.

The Board has determined that the Veteran's cause of death, metastatic squamous cell carcinoma, was presumed to have been incurred due to herbicide exposure during his service in Vietnam. The diabetes mellitus type II and end stage renal disease resulting from this exposure were also considered presumptively service-connected.

The Board has determined that the Veteran's death was not caused by any service-connected disability, and therefore denied the claim for service connection for the cause of the Veteran's death.

The Board found that the Veteran's service-connected PTSD did not cause or contribute to his death, and denied entitlement to service connection for the cause of the Veteran's death.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of his kidney stones.

The Board's decision denying service connection for chronic renal failure is dismissed due to the withdrawal of a motion seeking CUE review.

The Board has remanded the case due to the need for additional development, including a new VA examination of the Veteran's left kidney disorder.

The Board is remanding the case to obtain additional development, including obtaining SSA records and VA examination opinions regarding service connection for Reiter's syndrome with resulting kidney disability as secondary to prescribed NSAIDs used to treat Reiter's syndrome.

The Veteran's service-connected renal insufficiency with hypertension, associated with diabetes mellitus, type II, and cataracts was rated at 30 percent prior to November 16, 2007. From November 16, 2007, to March 27, 2008, the Veteran's disability was rated at 60 percent.

The Veteran's death was attributed to renal cancer, but the cause of his lung cancer is unclear. The Board has ordered a medical opinion to determine if the lung cancer originated in the lungs and whether it is related to Agent Orange exposure. Additionally, the Board requested an assessment on whether the service-connected diabetes mellitus and/or PTSD contributed to the Veteran's death.

The Veteran's claims for service connection for hypertension and coronary artery disease, to include as secondary to hypertension, were denied. The claim for service connection for nephrolithiasis (kidney disease) was withdrawn by the Veteran.

The Board denied the Veteran's claims for service connection for a kidney disability and an increased rating for PTSD. The Veteran is not entitled to service connection for his kidney disability due to herbicide exposure, as there is no evidence linking it to such exposure or any other theory of entitlement. For PTSD, additional VA examination and treatment records are needed before the claim can be reconsidered.