Kidney disease decisions — 2011

The Veteran's chronic kidney disease, stage 3, as a complication of diabetes mellitus, is rated at 30 percent since the grant of service connection.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and arranging for the Veteran to undergo a VA examination to determine the nature, extent, and etiology of his claimed conditions.

The Veteran's cause of death was listed as renal failure, with cirrhosis contributing to it. The Board found that the renal failure was not service-connected and denied the claim for accrued benefits.

The Veteran's claim of entitlement to service connection for chronic kidney disease with renal failure is being remanded due to the need for additional medical examination and review.

The Board found that the Veteran did not have diabetes, renal cysts, or peripheral neuropathy due to exposure to herbicides in service. The Veteran's conditions are presumed unrelated to his military service.

The VA examiner determined that the Veteran does not currently have a kidney disability, including diabetic nephropathy, which is related to his service-connected diabetes mellitus.

The Veteran's annual income exceeds the maximum limit for nonservice-connected pension benefits with aid and attendance, resulting in denial of his claim.

The Board found that the Veteran's service-connected conditions did not cause or substantially contribute to his death. The primary cause of death was right kidney rupture with hemorrhage, due to adult cystic disease and end stage renal disease.

The Board denied the Veteran's claims for service connection and DIC benefits, finding that new and material evidence had not been received to reopen his previously denied claim of service connection for proliferative glomerulonephritis with chronic renal failure and necrosis. The Veteran was not rated totally disabled for a continuous 10 year period prior to his death.

The Board has remanded the case for further development and review, including VA manual-mandated development regarding asbestos exposure. The DIC claim will be readjudicated based on whether service connection can be established for the cause of death.

The Board of Veterans' Appeals has determined that the Veteran's loss of left kidney function is not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. Therefore, compensation benefits under 38 U.S.C.A. § 1151 for loss of left kidney function are denied.

The Veteran's end-stage renal disease with hypertension is not found to be related to his service-connected cirrhosis. The rating for his liver disorder remains at 10 percent.

The Board finds that the effective date for the grant of service connection for residuals of a brain injury should be November 19, 2004, not prior to this date.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his diabetes mellitus and related complications. The case will be returned to the Board after this development.

The Veteran died of cardiorespiratory failure. The cause of death is not service-connected as there was no evidence linking the Veteran's death to any incident in service.

The Veteran's renal failure, respiratory failure, and colitis with subsequent colostomy and removal of the colon were not determined to be caused by VA medical care or an unforeseeable event.

The Veteran's service-connected disabilities do not render him unemployable, and the Board finds that he is not entitled to a TDIU.

The Board has determined that the Veteran does not have a currently diagnosed kidney disorder, liver disorder, or residuals of a stroke. The Veteran's service-connected hypertension is not found to be the cause of his current heart disease.

The Board denied service connection for a right hip disorder, headache disorder, hypertension, and bilateral kidney disorder. The Veteran's claims were decided on the basis of direct service connection without any presumption or secondary relationship to other conditions.

The Veteran's claim for service connection for a kidney disorder is denied as there is no current diagnosis of the condition. His claims for increased rating for right shoulder disability from August 31, 2005, to June 27, 2007, are also denied.