Kidney disease decisions — 2012

The Veteran's claims for increased ratings and secondary service connection were denied. The Board found that the evidence did not meet the criteria for higher ratings or secondary service connection.

The Board has reopened the claim of service connection for the cause of the Veteran's death and determined that new and material evidence has been received. The cause of death was found to be renal cell carcinoma with lung metastasis, which is presumed to have had its clinical onset during his extensive period of active service.

The Board found that the Veteran's renal cell carcinoma and right kidney nephrectomy were not caused by, the result of or hastened by VA medical treatment. The delay in notification did not cause additional disability.

The Board denied the Veteran's claims for service connection and increased ratings, finding no evidence to support the claimed disabilities or their relationship to service.

The Board found that the appellant's papillary renal cell carcinoma, which resulted in a partial nephrectomy of the left kidney, was caused by or related to his exposure to herbicides during service. As such, the claim for service connection is granted.

The Veteran's TDIU claim is granted as his service-connected disabilities are of such severity that he is unable to secure and follow a substantially gainful occupation.

The Board has remanded the case due to outstanding service records and private treatment records, as well as a need for VCAA notice regarding disability ratings and effective dates.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for kidney failure and aortic valve replacement, which occurred in March 2005 and March 2006 respectively. The case has been remanded to obtain additional medical records and determine if the Veteran sustained additional disability as a result of VA care or treatment.

The Veteran is not entitled to a higher rate of special monthly compensation for aid and attendance under section 1114(r) due to his current SMC rates.

The Board denied the Veteran's claims for service connection for low back disorder, renal disorder, and stomach disorder. The evidence did not establish a direct link between these conditions and service.

The Veteran's initial staged rating for prostate cancer with erectile dysfunction was granted at a 100 percent evaluation from April 24, 2008. The VA determined that the Veteran does not meet criteria for an increased rating to 60 percent or higher based on urinary leakage or obstructed voiding as of May 11, 2009.

The Board has determined that the Veteran's anxiety claim is withdrawn. The laryngeal cancer claim was denied as there is no reasonable possibility it was caused by ionizing radiation exposure during service.

The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for complications from a January 2005 transurethral resection of the bladder, but his claim has been remanded due to incomplete records and need for further examination.

The Veteran's cause of death, diagnosed as chronic obstructive pulmonary disease (COPD), due to or as a consequence of coronary artery disease and renal insufficiency, is not shown to have been directly incurred in service. The Board finds that the preponderance of the evidence is against finding that the Veteran's cause of death is etiologically related to active service.

The Board has determined that there is no evidence to support the claim that the Veteran's service-connected PTSD caused or contributed substantially to his death from multisystem organ failure. The appellant's lay assertions are not competent medical evidence.

The Board denied the Veteran's claims of service connection for a heart condition, respiratory disability, and cyst in the left kidney. The evidence did not support current diagnoses or show that any conditions were incurred during service.

The Veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for the purchase of an automobile and adaptive equipment, or adaptive equipment only.

The Veteran's claim for service connection for renal insufficiency secondary to his service-connected diabetes mellitus is being remanded due to the need for additional medical records and examination.

The Veteran does not have chronic kidney disease that is the result of disease or injury incurred in or aggravated during active military service, and chronic kidney disease is not proximately due to, the result of, or aggravated by service-connected varicose veins of the left leg. The Veteran's claim for service connection for varicose veins of the right leg is also denied.

The Board denied the Veteran's request to reopen his claim for service connection for history of kidney stones, finding that no new and material evidence had been submitted.