Kidney disease decisions — 2012

The Veteran's appeal has been dismissed due to his withdrawal of the appeals for carpal tunnel syndrome of both upper extremities and renal disorder. The remaining claims have already been fully granted.

The Board denied the appellant's claim for service connection for the cause of the Veteran's death, finding that hypertension did not cause or substantially and materially contribute to cause the Veteran's death.

The Veteran meets the threshold criteria for a TDIU due to his service-connected disabilities, with multiple conditions bringing his combined rating to 90 percent. The evidence shows that he is unable to work based solely on his service-connected disabilities.

The Veteran's death was not caused by a service-connected disability, and the Board finds that none of his service-connected conditions contributed substantially or materially to his death.

The Veteran's blindness due to bilateral occipital lobe infarcts was not caused by VA treatment and therefore, he is not entitled to DIC benefits.,VA treatment in November 1997 did not cause the Veteran's death from cardiovascular-renal disease.

The Board has granted service connection for right and left knee disabilities, as well as SOD. The Veteran's claim for a higher initial rating for ureteral stricture with hydronephrosis and renal colic is granted to the extent of a 30% disability rating.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected diabetes mellitus and associated conditions. The issues of entitlement to SMC based on loss of use of upper extremities, service connection for renal insufficiency and onychomycosis, and evaluation of peripheral neuropathy are also remanded.

The Veteran's service-connected duodenal ulcers and left kidney nephrectomy do not meet the criteria for special monthly compensation based on the need for regular aid and attendance or being housebound.

The Board has granted the Veteran's claims of entitlement to service connection for residuals of squamous cell carcinoma of the throat and a kidney disorder, both secondary to in-service herbicide exposure. The decision also grants service connection for bilateral hearing loss but not tinnitus.

The Veteran's service-connected PTSD contributed substantially and materially to the underlying cause of his death, which was CAD. The Board finds that this contribution is due to the aggravation of his pre-existing CAD by his PTSD.

The Board found that the Veteran's death was due to renal cancer with metastasis, which is presumed to have been caused by Agent Orange exposure during service. The claim for service connection for the cause of death is granted.

The Veteran's hypertension and kidney cysts were not shown in service or within one year after discharge. The Board finds that the evidence does not support a finding of service connection for these conditions.

The Veteran's hypertension with renal involvement is currently rated at 30 percent, effective September 14, 2006. The Board finds that the criteria for a higher evaluation are not met.

The appellant seeks special monthly pension benefits based on the need for regular aid and attendance or due to housebound status. The Board has ordered additional development, including obtaining medical records from private facilities where she received treatment.

The Board has granted service connection for all claimed conditions, finding that they are causally related to events during active service.

The Veteran's appeal is being remanded to the Huntington RO for scheduling a videoconference hearing. The issues of entitlement to service connection for renal cancer, residuals of jungle rot, left foot, and hyperthyroidism are pending.

The Veteran's chronic hydronephrosis of the right kidney was not aggravated by active service, and therefore, service connection is denied.

The Veteran's dizziness/vertigo is causally related to service, and the Board finds that there is a continuity of symptomatology such as to warrant entitlement to service connection. The Veteran's kidney stone is not found to be proximately due to or aggravated by his GERD. The Veteran's carpal tunnel syndrome is not found to have its onset during service.

The Veteran's service-connected disabilities render him so helpless as to be in need of regular aid and attendance of another person, warranting special monthly compensation based on the need for the regular aid and attendance of another person.

The Veteran's appeal is remanded for further development regarding his claims of service connection for kidney cancer and hypertension. The case will be returned to the Board after this development.