Kidney disease decisions — 2013

The Board finds that the Veteran's educational pursuits are reasonably feasible, particularly in light of his successful completion of course work preparation and given the market for clergy in Virginia. The Veteran's vocational goal is to become a pastor, which he has already started pursuing with his own funds.

The Veteran's renal cell carcinoma, status post left kidney removal, is not service connected as due to herbicide exposure in Vietnam.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining relevant VA treatment records and addressing a request for a hearing. The issues of service connection for kidney cancer, back disability, neck disability, and bilateral hearing loss are pending.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted, finding that the VA medical treatment caused his renal failure and that VA failed to exercise the expected degree of care.

The Veteran's claims for service connection for a recurrent skin rash, kidney disorder, and hypertension were denied. The Board found that the Veteran did not have exposure to herbicide agents during his service in Vietnam and thus could not establish presumptive service connection.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, hypertension, and a chronic kidney disorder was denied. The evidence did not establish that these conditions were incurred in or aggravated by service.,No presumptive exposure to Agent Orange, Camp Lejeune, Gulf War Syndrome, or other environmental exposures is claimed.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder and a renal disability. The claim of whether new and material evidence has been submitted to reopen a right hip disability claim is pending.

The Veteran's claims for service connection for various conditions, including a right knee disorder, left hip disorder, right hip disorder, low back disorder, kidney disorder, and TBI with headaches, have been denied. The Board found that the evidence did not support establishing service connection for these conditions.,reasoning_on_deciding_factor_1_sentence_only

The Veteran died from septic shock, diabetes, congestive heart failure, and acute renal failure. The appellant claims that the death was caused by inadequate treatment of a glass injury to his foot at VA, leading to sepsis and other complications. The Board has ordered additional development to determine if these issues are related to VA care.

The Board has determined that the Veteran's cause of death, renal cell carcinoma and lung cancer, was caused by his in-service exposure to herbicides including Agent Orange.

The Board found that the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of VA treatment was denied as there is no evidence to support a finding of carelessness, negligence, lack of proper skill or error in judgment on the part of VA.

The Veteran's service-connected PTSD is found to have contributed substantially and materially to his death from congestive heart failure, due to or as a consequence of hypertension.

The Veteran's left testalgia has been manifested by pain and swelling that necessitated long-term drug therapy. However, other issues such as erectile dysfunction, poor renal function, recurrent symptomatic infection requiring drainage, frequent hospitalization (greater than two times per year), and/or continuous intensive management have not been demonstrated or found to be related to his service-connected testalgia.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess his employability due to service-connected disabilities.

The May 2006 rating decision denied service connection for a back disability as secondary to the Veteran's left hip disability. The claim was not appealed.,New evidence received since the May 2006 decision does not raise a reasonable possibility of substantiating the claim of entitlement to service connection for a back disability.

The Veteran's appeal is being remanded for the review of additional evidence, including Social Security Administration (SSA) records. The TDIU claim is also being remanded due to its inextricability with his service connection claims.

The Board has determined that additional development is needed to determine if the Veteran was exposed to ionizing radiation during service and whether any such exposure caused or contributed to his claimed disabilities. The case will be remanded for this purpose.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for the cause of the Veteran's death. The issue of burial benefits in excess of $300.00 is without jurisdiction.

The Veteran's claims for service connection for kidney and liver diseases are being remanded due to the need for a Board hearing.

The Veteran's claim for service connection for PTSD has been granted.,Service connection is also established for an acquired psychiatric disability other than PTSD, to include mood disorder, schizophrenia, depression, a paranoid disorder, psychotic disorder, anxiety, and major depressive disorder.