Kidney disease decisions — 2012

The Board has determined that the reduction in the disability evaluation for chronic renal failure, status post transplant from 100 percent to 60 percent was improper due to sustained material improvement not shown.

The Veteran's renal dysfunction, characterized by elevated BUN levels and chronic kidney disease, warrants an evaluation of 80 percent from July 6, 2009. The condition has not required dialysis or precluded more than sedentary activity.

The Board has determined that the Veteran's death was not caused by or a result of any service-connected disability, including posttraumatic stress disorder (PTSD), and therefore denied the claim for service connection for the cause of the Veteran's death.

The Board has remanded the Veteran's claim for service connection for a kidney disorder due to his failure to report to a scheduled VA examination in October 2011. The case will be reviewed and readjudicated based on all available evidence.

The Board has determined that the Veteran's claims of service connection for kidney cancer and an acquired psychiatric disorder (PTSD) are not substantiated, as they do not fall under the scope of this appeal. The claim for a compensable disability evaluation for bilateral hearing loss is denied.

The Veteran's urinary impairment is not related to his service and is not associated with his service-connected lumbar spine disability.

The Board has remanded the case due to a lack of complete VA medical records from 2004 through 2005. The appellant's claims for service connection, dependency and indemnity compensation under 38 U.S.C.A. § 1151, and compensation under 38 U.S.C.A. § 1151 for accrued benefits purposes will be reconsidered after obtaining the missing records.

The Board denied the Appellant-widow's claim for service connection for the cause of the Veteran's death (COD) and entitlement to Dependency and Indemnity Compensation (DIC) pursuant to the provisions of 38 U.S.C.A. � 1318 due to lack of entitlement under the law.

PTSD and acquired psychiatric disorder (PTSD) have been granted.,Cold injury to the hands has not been established as a service-connected disability.,Cold injury to the left foot has been granted as a service-connected disability.,Kidney disorder has not been established as a service-connected disability.,Prostate disorder has not been established as a service-connected disability.,An initial 10 percent rating for status post fistulotomy prior to June 6, 2006 has been granted.,A rating in excess of 10 percent for status post fistulotomy on and after June 6, 2006 has not been granted.

The Board found that the Veteran's diabetes mellitus, type II with retinopathy, cataracts, and GERD had shown improvement over a period of more than five years, supporting a reduction from 60% to 20% disability rating.

The Board found that the Veteran's urinary, kidney, and bladder disorder is not related to his military service or a service-connected disability.

The Veteran's claim for service connection for residuals of renal cancer, including status post right partial nephrectomy, was denied as there is no evidence linking the condition to his active duty or a service-connected disability.

The Board has found that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for hydronephrosis of the left kidney. The reopened claim is addressed in the Remand portion of the decision below and is REMANDED to the RO via the Appeals Management Center in Washington, DC.

The Veteran's claims for service connection were denied, with the exception of his claim for PTSD which was granted and assigned a 30% rating.

The Board found that the cause of the Veteran's death (tumor embolism of lung and carcinoma of right kidney) is not related to his active service, thus denying service connection for the cause of death. The appellant's claims for death pension benefits and accrued benefits are also denied as she did not meet the eligibility criteria.

The Veteran's appeal is being remanded to obtain additional medical records and for a VA examination to determine the nature and etiology of any renal disability, including whether it is related to his service-connected low back disability.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's previously denied claims for service connection for diabetes mellitus, type II, and residuals of kidney cancer. The claim is therefore denied.

The Board has determined that the Veteran's death was not caused or contributed to by any service-connected disability, including lung cancer and PTSD. The evidence does not support a finding of asbestos exposure in service.

The Veteran's initial ratings for migraines, GERD, and hypertension have been granted but are currently at noncompensable levels. The Board found that the Veteran's migraines do not meet criteria for a higher rating due to their frequency of attacks being less than severe economic inadaptability. For GERD, the Board determined there is no evidence of dysphagia or significant impairment of health warranting a higher rating.

The Board denied the appellant's claim for payment or reimbursement of unauthorized non-VA medical expenses incurred as an inpatient from September 7, 2002, to September 11, 2002 due to lack of prior authorization and because the treatment was not for a service-connected disability.