Kidney disease decisions — 2012

The Veteran's service connection claim for PTSD, Parkinson's disease, CAD, glaucoma, kidney disability, sleep apnea, hypertension, and sinusitis is granted due to exposure to herbicides during his service in Vietnam.

The Veteran's service-connected kidney disability does not prevent him from securing and following substantially gainful employment.

The Board found that the Veteran's death was not caused by his service-connected diabetes mellitus, type 2; that VA medical care did not cause or contribute to the Veteran's death; and that there was no evidence of negligence on the part of VA. As a result, the claim for service connection for the cause of death was denied.

The Veteran's renal cell cancer was not incurred in or aggravated by his military service and may not be presumed to have been incurred in service, including as a result of exposure to Agent Orange in Vietnam.

The Veteran's service-connected ureterolithiasis, previously claimed as kidney dysfunction, is currently rated at 10 percent and does not warrant a higher rating.

The Board denied the Veteran's claims for service connection for various conditions, including diabetes mellitus, peripheral neuropathy of the lower extremities, diabetic retinopathy, and coronary artery disease. The decision also addressed silicosis but did not provide a rating or effective date.

The Board denied the Veteran's claim of entitlement to service connection for renal cell carcinoma, finding that it is not related to his active military service or exposure to herbicide agents used in Vietnam.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that his claim for TDIU is warranted on a schedular basis.

The Board has remanded the case for additional development, including obtaining medical records from specific VA facilities and ensuring all referenced records are contained in the Veteran's claims folder or in Virtual VA.

The Veteran's renal cell carcinoma and parathyroid adenoma were not found to be related to her military service. Her left knee disability claim for a higher rating is partially remanded.

The Board denied the Veteran's claim to reopen his entitlement to compensation benefits under the provisions of 38 U.S.C.A. § 1151 for residuals of Interferon treatment, finding that no new and material evidence had been submitted.

The Board has determined that new and material evidence was not received to reopen the claim for service connection for renal cancer, liver cancer, and lung cancer. The cancers were not incurred in or aggravated by active service, nor may they be presumed to have been so incurred or aggravated.

The Board has determined that the Veteran does not have renal failure and finds no basis for service connection, whether on a direct or secondary basis.

The Veteran's claims for higher initial ratings for PTSD and diabetes mellitus with kidney disease are being remanded due to the need for a supplemental statement of the case.

The Veteran's appeal is being remanded to the RO for a video conference hearing. The issues include reopening claims for secondary service connection for eye and tooth conditions, as well as seeking service connection for kidney and liver conditions.

The Veteran's claim for compensation benefits under 38 U.S.C.A. � 1151 is being remanded due to the need for additional development of the record, including scheduling a video conference hearing.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the cause of the Veteran's death and whether it was related to service-connected conditions or post-service employment.

The Veteran's appeal is being remanded due to procedural deficiencies, including the need for service personnel records and development of his claim based on anthrax vaccination.

The Veteran's chronic renal insufficiency and hypertension have been rated at 60 percent since June 28, 2010. The evidence shows a definite decrease in kidney function prior to this date.

The Board has determined that the Veteran's loss of his right kidney is related to his service, and therefore grants service connection for this condition.