Kidney disease decisions — 2013

The Veteran's service-connected renal failure and postoperative residuals of a kidney transplant resulted in the termination of his total rating. The Board finds that the reduction was not proper due to lack of compliance with applicable regulations, but restores the original 100% rating for these conditions.

The Veteran seeks service connection for kidney cancer with the removal of her left kidney due to asbestos exposure during military service. The case is REMANDED for further development and an opinion on whether this condition is related to her service.

The Board has determined that the Veteran's bilateral hip and knee disorders are secondary to his service-connected thoracolumbar spine spondylosis. The appeal is granted.

The Veteran's stomach disability, including diverticulitis, chronic colonic gastritis, gastroesophageal reflux disease and hiatal hernia, as well as his kidney disability with hematuria, are found to be caused by his service-connected lumbar paravertebral fibromyositis with disc disease at L5-S1 and radiculopathy.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of entitlement to service connection for a kidney disability. The criteria for service connection have also been met, as the Veteran had kidney stones during his active service and a continuity of symptoms since then.

The Board denied the Veteran's claims of service connection for cause of death and 38 U.S.C.A. � 1151 benefits for accrued purposes due to lack of evidence supporting a causal link between his exposure to asbestos and toxic chemicals during service and his development of renal cell carcinoma with lung metastasis.

The Veteran's kidney disease has not manifested persistent edema and albuminuria with blood urea nitrogen (BUN) of 40 to 80mg percent; or creatinine 4 to 8mg percent; or generalized poor health characterized by lethargy, weakness, anorexia, weight loss, or limitation of exertion. As such, a rating in excess of 60 percent is not warranted.

The Board has remanded the case for additional development, including scheduling a VA examination to assess the Veteran's bilateral hearing loss and obtaining any outstanding medical records. The claims for service connection for COPD and kidney disability must also be remanded as they are not currently addressed in the rating decision.

The Board has remanded the case for further development, including obtaining private medical records related to the Veteran's renal carcinoma treatment prior to his passing. The appeal is not about service connection at all.

The Veteran's surviving spouse is seeking compensation under 38 U.S.C.A. � 1151 for health conditions resulting from the use of Buspirone, a medication he overdosed on. The case has been remanded to obtain a medical opinion regarding whether these conditions are related to the overdose.

The Board found that the Veteran's hypertension, heart disease, and kidney failure were not incurred or aggravated by active military service. The claims for secondary service connection to his service-connected urethral stricture with contracture of bladder neck and cystitis were denied.

The Board has remanded the case to the RO for additional development, including obtaining a VA opinion on the etiology of the Veteran's kidney cancer and addressing his contentions regarding secondary service connection.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for end-stage renal disease. The underlying issue of entitlement to service connection for end-stage renal disease is granted.

The Veteran's appeal is being remanded to the RO for additional development of his claims, including obtaining medical records and scheduling VA examinations.

The Veteran's claim for service connection for left kidney cancer is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran is seeking service connection for renal cell carcinoma, which he claims is due to exposure to herbicides during his military service. The Board has determined that a VA examination is needed to determine the nature and etiology of the condition.

The Board has determined that the Veteran's condition was not stabilized until June 2, 2010, and thus he is entitled to reimbursement for his unauthorized medical expenses incurred on June 2, 2010.

The Veteran's hypertension is rated at 20% from January 18, 2013. His kidney stones are rated at 30% since June 18, 2009.

The Veteran's service-connected residuals of an infection of right index finger have been rated as 10 percent disabling since April 2005. The Veteran also received separate ratings for his post-operative residuals of the right ring finger fracture and hypertension.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to a TDIU rating.