Kidney disease decisions — 2012

The Veteran's type II diabetes mellitus is presumed to have been incurred during active service. The Board has granted this claim. No specific rating or effective date was assigned as the issue of service connection for rheumatoid arthritis and kidney disorder remains pending.

The Board has determined that the Veteran's claims of entitlement to service connection for left knee and low back disabilities were previously denied in February 2003. New evidence submitted since then is not considered material as it does not raise a reasonable possibility of substantiating the claims.

The Veteran's appeal is being remanded to ensure that he is accorded full compliance with the statutory duty to assist, including for an additional VA examination and consideration of his TDIU claim.

The Veteran has withdrawn his appeals for the issues of service connection for hypertension, proteinuria with decrease in renal function, and erectile dysfunction secondary to diabetes mellitus, type II. As a result, these claims are dismissed.

The Board found that the Veteran's kidney disorder did not manifest during service and is not related to his military service, including alleged herbicide exposure. As a result, service connection for kidney disease was denied.

The Board found that the Veteran's kidney disease did not begin during or as a result of his military service, and denied his claim for service connection.

The Board has determined that the Veteran's renal failure, status post kidney transplant, is related to carbon tetrachloride exposure in service and grants entitlement to service connection.

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 has been denied because new and material evidence was not submitted.

The Board found no evidence of a causal relationship between the Veteran's gout and chronic renal failure with his service, and denied both claims.

The Veteran's claims for service connection for renal disease and eye disability, both secondary to service-connected hypertension, were granted.

The Veteran's appeal is being remanded to obtain updated medical records and for a VA examination to assess the current severity of his service-connected kidney disability, including any voiding dysfunction, urinary frequency, and renal dysfunction.

The Board has determined that new and material evidence was not received to reopen the claims for skin rash, hypertension and arteriosclerotic heart disease/coronary heart disease, diabetes mellitus, kidney disorder, liver disorder, and vision disorder. The Veteran's service connection claims were denied as there is no medical evidence demonstrating these conditions were incurred during active service.

The Veteran died of metastatic renal cell carcinoma, a service-connected condition. However, burial benefits are not warranted as the death was not due to a service-connected disability and there were no pending claims for compensation or pension at the time of his death.

The Board found that the Veteran's hypertension and end-stage renal disease with dialysis did not begin in service or were otherwise causally related to his period of active service. The cause of death was listed as hypotension due to end-stage renal disease, coronary artery disease and severe peripheral artery disease.

The Veteran's death was caused by sepsis shock due to acute pyelonephritis, chronic renal failure and acute gastrointestinal hemorrhage. The service-connected disabilities did not cause or contribute substantially or materially to his death.

The Board has granted service connection for the Veteran's congenital atrophic left kidney with hydronephrosis, finding that it was aggravated during active duty service. The claim to reopen and the main issue of service connection are both granted.

The Board has determined that the Veteran's service-connected microscopic hematuria, status post renal contusion, does not meet the criteria for a compensable evaluation as it is manifested by the presence of microscopic hematuria and no functional impairment.

The Board dismissed the appeal due to lack of timely filing of a notice of disagreement for the denial of service connection for degenerative disc disease. The Veteran's claims for other conditions were denied as they are not compensable under VA regulations.

The Board has determined that further development is needed to determine if the Veteran was exposed to depleted uranium during service and whether this exposure may have contributed to his current renal cancer. The case will be remanded for such development.

The Veteran's claims for service connection for various conditions, including acid reflux, high cholesterol, erectile dysfunction, kidney disease, thyroid disorder, gout, and lower back/shoulder disabilities, were denied as these conditions are not presumed to be related to herbicide exposure.