Kidney disease decisions — 2013

The Veteran's left kidney cancer, post-nephrectomy, was not incurred as a result of any incident of active duty service.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for right kidney cancer, including as due to the service-connected Type II diabetes mellitus and/or herbicide exposure.

The Board found that new and material evidence has not been received to reopen the claim of service connection for the cause of the Veteran's death. The appellant presented testimony and statements arguing that the causes of death were related to Agent Orange exposure or PTSD, but these assertions were previously considered.

The Board denied service connection for kidney disease and the initial disability rating for type 2 diabetes mellitus, finding that there was no direct evidence linking these conditions to service or a service-connected condition.

The Board has determined that the Veteran's claims for service connection and initial ratings for various disabilities, including PTSD, diabetes mellitus type II, diabetic neuropathy, atherosclerotic aorta by X-ray, erectile dysfunction, and kidney/liver disorders have been denied. The appeals are dismissed.

The Veteran's claims for service connection are being remanded to obtain additional medical records and to schedule the Veteran for VA examinations. The issues involve exposure to Agent Orange, toxins, and jet fuel.

The Veteran's death was due to VA's carelessness in diagnosing and treating his kidney cancer, leading to the development of metastatic bladder cancer. The Board found that the Veteran's additional disability (metastasis and death) was caused by VA's error in judgment or carelessness.

The Veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination and consideration of concerns raised in a previous NRC report.

The Veteran's service-connected disabilities meet the percentage requirements for a TDIU since March 28, 2006 and his unemployability is due to the severity of these conditions.

The Veteran's appeal is being remanded to accommodate his request for a Travel Board hearing at the RO.

The Board has determined that additional development is required before the claims can be adjudicated, including obtaining VA and SSA records, as well as a VA examination to determine the nature, extent, onset and etiology of any chronic headaches, kidney disorder, blood disorder (anemia and hyperkalemia), and right shoulder disorder.

The Veteran's appeal is being remanded for additional examinations and development due to the potential change in his condition since his last VA examination, as well as the submission of new evidence regarding GERD.

The Veteran's degenerative disc disease of the lumbar spine is service-connected.,Service connection for coronary artery disease and hypertensive heart disease, status post myocardial infarction and bypass surgery, as secondary to degenerative disc disease, lumbar spine, was denied.,Service connection for hypertension, as secondary to degenerative disc disease, lumbar spine, is granted.,Service connection for renal dysfunction, as secondary to degenerative disc disease, lumbar spine, is granted.

The Veteran's claim for service connection for renal cell carcinoma, which he believes is related to his exposure to Agent Orange during service, has been remanded due to the need for additional medical records and an examination.

The Veteran's kidney stones are being remanded for a supplemental opinion to determine if they are caused or aggravated by his service-connected hepatitis B. The TDIU claim is also inextricably intertwined and will be addressed as part of the remand.

The Board found that the Veteran's claimed disabilities of polycythemia vera, residuals of removal of the right kidney, and nasal polyps were not incurred in or aggravated by his military service, including as due to presumed exposure to herbicides during service. As such, these claims are denied.

The Veteran died due to renal failure and diabetes mellitus, which were not service-connected. The claim for DIC was denied as there is no evidence that the cause of death was related to service or a service-connected disability. The claim for recognition of the Veteran's son as a helpless child was also denied.

The Board has identified additional VA records that need to be obtained and the case is being remanded for further development.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's unauthorized medical expenses incurred from December 12, 2009 to December 22, 2009 are granted as the emergency treatment was provided in a hospital emergency department and no VA facility was feasibly available.