Kidney disease decisions — 2012

The Veteran's service connection claims for various conditions, including asthma, diabetes mellitus, right elbow disability, numbness in the feet, and left knee disability have been granted. The Veteran also has a 10 percent rating assigned for hypertension.

The Board denied the Veteran's claims for service connection for left hand and thumb musculoskeletal strain, as well as his claim for service connection for left shoulder/arm musculoskeletal strain. The decision also found that there was no legal basis to award a higher monetary amount of special monthly compensation solely for loss of use of a creative organ.

The Board has remanded the case for additional development, including obtaining records of exposure to ionizing radiation and further examination regarding hypertension. The Veteran's claims for service connection are pending.

The Board has determined that the Veteran's cancer of the left kidney is likely caused or aggravated by exposure to herbicides during service, and thus grants service connection for this condition.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for hypertension, heart disease, and kidney failure as secondary to a bladder condition. The Veteran's claims are now pending before the Board.

The Board has determined that the Veteran does not have a chronic bladder or kidney disability related to his military service and therefore denied both claims for service connection.

The Board has remanded the case for a VA internist to provide an opinion on whether the cause of the Veteran's death was related to service, including due to in-service exposure to asbestos. The appellant's representative argued that PTSD aggravated the Veteran's disability and contributed to his death.

The Veteran's claims for service connection for parotiditis, mumps, lymphadenopathy, a disorder of the right shoulder node, hearing loss, and gastrointestinal disability were all denied. The claim for PTSD was also denied.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the RO.

The Veteran's diabetes mellitus, type 2, is causally related to service. His diabetic nephropathy, chronic renal insufficiency with anemia (renal disorder), diabetic retinopathy, diabetic maculopathy, with bilateral mature cataracts (eye disorder), and peripheral neuropathy of the bilateral lower extremities are all secondary to his diabetes mellitus, type 2.

The Board found that the Veteran's current kidney condition was not caused by VA medical treatment and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's kidney failure status post renal allograft transplantation is being remanded for further development due to an inadequate medical opinion regarding the cause of his condition.

The Board has determined that the Appellant is not eligible for survivor's benefits as an unremarried surviving spouse due to the timing and duration of her marriage to the Veteran.

The Board has ordered additional development to obtain medical opinions regarding the etiology of the Veteran's left knee disorder and chronic renal insufficiency, which are claimed as secondary to service-connected disabilities. The case is being remanded for further examination and opinion.

The Board has determined that further development is needed before the claims can be fully adjudicated. This includes obtaining updated medical records, scheduling a VA examination for chronic kidney disease and lumbar spine disability, and readjudicating the appeal.

The Board has remanded the case for additional development, including obtaining VA medical records and arranging for a VA examination to determine if the Veteran's current disabilities are related to service exposure.

The Veteran's claim for a higher rate of SMC, for purposes of accrued benefits, was denied as the evidence did not support an assignment of an SMC rate in excess of the M-rate.

The Veteran's kidney disease is not service-connected as it did not manifest during or follow from his World War II service, and there is no evidence linking the condition to a service-connected disability.

The Veteran has withdrawn his appeals for the issues of diabetes mellitus type 2, PTSD, and schizophrenia. The remaining issues have been remanded for further development.

The Board granted service connection for the Veteran's inguinal hernia, bilateral, postoperative with scar and assigned a 10 percent disability rating effective from October 20, 2006. The decision also addressed other issues of service connection but did not reach a final determination on them.