Kidney disease decisions — 2012

The Veteran's claims for service connection for various conditions as accrued benefits were granted. The conditions include a back disorder, bilateral hearing loss, tinnitus, kidney disorder, respiratory disorder (including lung disorder and shortness of breath), gastrointestinal disorder other than adenocarcinoma of the stomach, headache disorder, skin disorder, and urinary bladder disorder.

The VA has determined that the appellant's claimed disabilities, including kidney stones, multiple urinary tract infections, and prostate hypertrophy, were not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The VA also found no evidence to suggest an event not reasonably foreseeable.

The Veteran's claims for increased ratings and service connection were denied. The erectile dysfunction claim was found to be noncompensably disabling, the bilateral hearing loss disability claim did not meet the criteria for a compensable rating, and the allergic rhinitis, left shoulder disability, and diabetes mellitus type II claims were also denied.

The Veteran's renal cell carcinoma is granted as service connected due to exposure to herbicides during his Vietnam service.

The Board has determined that the Veteran's renal cell carcinoma is related to his service, specifically his exposure to herbicides during military service in Vietnam.

The Board has remanded the issues of service connection for a right lower extremity disorder, postoperative residuals of a right foot Morton's neuroma, and surgical scar resulting from the removal of kidney stones to the RO via the Appeals Management Center (AMC) in Washington, D.C.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 were denied as the proximate cause of his additional disabilities was not due to VA carelessness, negligence, or error in judgment.

The Veteran's PTSD is now service-connected and rated at 100% effective October 10, 2006. The Board finds that the evidence is in equipoise as to whether his hypertension caused his kidney disease. Service connection for bilateral kidney disease status post kidney transplant with end-stage kidney failure is granted secondary to hypertension.

The Veteran's death was caused by his service-connected hypertension, which contributed to his congestive heart failure and end-stage renal disease. The appeal for service connection for the cause of death is granted.

The Board found that the Veteran's kidney disease did not manifest during her service and is unrelated to active duty. As such, it was denied as service connection.

The Veteran's loss of right kidney function with chronic bladder infections was initially rated at 30 percent, effective October 21, 1992. The Board has now determined that the disability warrants a higher initial rating.

The Veteran died of cardiac arrest due to end-stage renal disease and diabetes mellitus, conditions not related to his service-connected GSW residuals.

The Veteran's appeal has been withdrawn by the appellant through her authorized representative, and thus the case is dismissed.

The Veteran's residuals, bilateral nephropexy with urinary tract infections and history of kidney stones are currently rated at 30 percent. The rating is maintained as the condition does not meet criteria for a higher rating.

The Veteran's kidney disability, specifically renal carcinoma, was granted a 100% evaluation effective January 18, 1996. The Board found that the evidence is in relative equipoise as to whether a mass on the left kidney was malignant and identified as renal carcinoma on May 13, 1993.

The Board finds that the Veteran's kidney cancer is likely due to his service-connected hypertension, and grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess his diabetes mellitus, type 2, hypertension, renal hypertension, and diabetic nephropathy.

The Veteran's appeal was dismissed due to the death of the appellant, and no jurisdiction remains for further action.

The Board has granted service connection for the cause of the Veteran's death due to constrictive pericarditis, which was found to be related to his untreated tuberculosis during service.

The Veteran's claim for an initial rating in excess of 30 percent for renal vein compression syndrome, status post auto transplantation of the left kidney was denied. The medical evidence did not meet the criteria for a higher rating.