Kidney disease decisions — 2013

The Board has determined that additional development is needed to fully consider the appellant's claim for payment or reimbursement of medical expenses incurred on May 5, 2008. This includes obtaining pertinent non-VA and VA treatment records from November 2007 to May 2008.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for hypertension and kidney disorder. However, further development is needed before these claims can be adjudicated on their merits.

The Veteran's cancer of the right kidney was not shown in service or for many years thereafter, and the most probative opinion on the question of whether there exists a medical relationship between the Veteran's current cancer of the right kidney and service, to include any herbicide exposure therein, weighs against the claim.

The Board has determined that the reduction of the Veteran's disability rating from 100% to 30% for end stage renal failure with anemia, status post renal transplant was proper based on the evidence at the time.

The Veteran's death was attributed to lung cancer and renal cell carcinoma. The appellant is seeking service connection for the cause of her husband's death, alleging that his lung cancer predated his renal cancer and was due to herbicide exposure in service.

The Board denied the Veteran's claim for service connection for loss of kidney function, finding that there was no evidence to support a link between his current condition and his military service.

The Board denied the Veteran's claim for an earlier effective date for the grant of service connection and assignment of a 30 percent rating for renal cell carcinoma, finding no legal or factual basis under applicable VA law for such a request.

The Veteran's appeal is being remanded due to the need for a new hearing before a VLJ who conducted his previous hearing.

The Board found that the Veteran's kidney cancer did not cause his death, and thus denied the claim for service connection for the cause of his death.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical opinions regarding his hearing loss and respiratory conditions.

The Veteran's claim for an earlier effective date of SMC benefits based on housebound criteria being met was granted as of July 26, 2006. The Board found that the Veteran had service-connected disabilities totaling at least 70% disabling by September 16, 2005, which qualified him for SMC benefits effective from that date.

The Board has determined that the Veteran's renal insufficiency and proteinuria clearly and unmistakably existed prior to his enlistment into the Army in August 1979, and was not aggravated by service. Therefore, the claim for service connection is denied.

The Board found that the Veteran's death was not caused or contributed to by any service-connected disability, including PTSD and right forearm disability.

The Veteran's appeals have been dismissed due to his death while the appeal was pending.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the etiology of his kidney disease and hypertension.

The Board has reopened the claim and granted service connection for the cause of the Veteran's death from diffusely metastatic renal cell carcinoma, finding that it is at least as likely as not related to his military service.

The Board found that the Veteran's kidney disorder did not begin in service or within one year after service, and is not otherwise related to any incident of active duty service. The examiner stated that the Veteran's renal cysts were less likely than not related to herbicide exposure.

The Board has determined that the Veteran's kidney failure is at least as likely as not aggravated by his service-connected diabetes mellitus, type 2. As such, the claim for service connection for kidney failure is granted.

The Veteran's appeal is being remanded to the RO for a new hearing before a Veterans Law Judge at the St. Petersburg, Florida RO.

The Veteran's skin rash, generalized joint pain, renal insufficiency and urinary urgency and frequency are presumed to be related to his service in the Persian Gulf War.