Kidney disease decisions — 2011

The Board found that the Veteran's left kidney disorder was not incurred in or aggravated by active service and denied his claim.

The Veteran's appeal is being remanded due to the need for a new VA examination for PTSD, issuance of a statement of the case on service connection claims for hypertension, prostatitis with erectile dysfunction, renal stones, and a renal cyst, and obtaining additional relevant records.

The Board denied service connection for all claimed disabilities, including diabetes mellitus, type II, CIDP of the upper extremities, kidney disorder, sexual dysfunction, bilateral foot disorder, heart condition, and hypertension, as they are not related to herbicide exposure during active service.

The Board found that the Veteran's injuries sustained in a February 24, 1980 automobile accident were the result of his own willful misconduct due to severe intoxication from alcohol.

The Veteran's claims for service connection for migraines, Merkel cell carcinoma, basal cell carcinoma, diabetes mellitus type II, cardiovascular renal disease, myasthenia gravis, Paget's disease, an eye condition, and hypertension have been granted due to presumed exposure to herbicides during active duty in Vietnam. The claim for kidney stones has also been granted as the Veteran was present in Vietnam and had a current disability.

The Veteran is seeking compensation under 38 U.S.C. § 1151 for various disabilities, including chronic pancreatitis, abscesses, anemia, and renal failure, which he claims were caused by insufficient care received at the VA Medical Center in Kansas City prior to his hospitalization in September 2007.

The Veteran's major depression is found to be due to his service-connected diabetes mellitus, type II. His heart condition and kidney condition are not found to be related to his service-connected diabetes mellitus, type II.

The Veteran's service-connected disabilities do not meet the criteria for entitlement to specially adapted housing due to loss or use of both lower extremities, blindness in both eyes, or loss of use of both upper extremities as to preclude locomotion.

The Veteran's claims for service connection for type II diabetes mellitus with secondary renal disease and hepatitis B with cirrhosis were denied as there is no evidence of in-service exposure to herbicide agents or other causative factors.,Service connection was not granted because the Veteran did not have a diagnosis of these conditions until many years after discharge from active duty, and there is no credible evidence linking them to service.

The Veteran's cause of death, metastatic renal cell carcinoma, was not shown to be related to his military service or exposure to herbicides. The claim for service connection for the cause of the Veteran's death is denied.

The Board has reopened the Veteran's claims for service connection for various conditions, but denied them on the merits. The evidence submitted was found to be cumulative and not new or material.

The Board has determined that the Veteran's right adrenal gland growth is not related to his service, and thus denied his claim for service connection.

The Veteran's claimed urinary conditions, kidney stones, hematuria, urinary tract infections, cystitis, peptic ulcer disease, and headaches are not service-connected due to lack of evidence linking them to his active service or herbicide exposure.

The Board found that the Veteran's right nephrectomy did not result from service, including his diabetes mellitus or herbicide exposure.

The Veteran's appeal is being remanded due to the need to adjudicate his service connection claims for cardiovascular disability, blood clots, and gout before deciding on his TDIU claim. The case will be returned to the Board after these issues are resolved.

The Veteran's claims for service connection for a kidney disorder, clavicle fracture, left buttock muscle injury, fractured pelvis and bilateral knee disorders have been denied.

The Board has granted the Veteran's claim of entitlement to service connection for atrial fibrillation as secondary to his service-connected hypertension. The issue of an increased rating for hypertension remains pending, and the issue of service connection for chronic kidney disease other than diabetic nephropathy is also pending.

The Veteran's kidney cancer was not incurred or aggravated by service, and the Board finds no evidence linking it to ionizing radiation exposure during his military service.

The Board has remanded the case due to the need for additional medical examination and review of records.

The Veteran's appeal is being remanded for additional development, including obtaining service personnel records and medical records from private providers. A VA examination will also be conducted to determine the nature and etiology of his lumbar and cervical spine disabilities.