Kidney disease decisions — 2013

The Veteran's claims for increased PTSD rating, service connection for hypertension and kidney disability due to herbicide exposure, as well as his claim for an enlarged aorta and aneurysm were denied. The Veteran's bilateral ear disability other than left ear hearing loss and tinnitus was not found to be related to service.

The Veteran's claims for service connection for type II diabetes mellitus, hypertension, end stage renal disease (also claimed as kidney transplant), and pancreas transplant are all granted. The appeal regarding the issue of nonservice-connected pension benefits is dismissed.

The Veteran has withdrawn his appeals, and all issues are dismissed.

The Board has determined that the Veteran's right radical nephrectomy due to right renal cell carcinoma was not incurred in or aggravated by active service, nor may it be presumed to have been so incurred or aggravated. The claim for a temporary total evaluation based upon convalescence following right radical nephrectomy due to right renal cell carcinoma is also denied.

The Board denied service connection for a kidney disability and an undiagnosed illness condition due to lack of qualifying service.

The Veteran's service-connected recurrent renal calculi with recurrent hematuria are currently rated as noncompensable, but warrant a 10 percent rating due to occasional colic.,The Veteran's service-connected penile deformity associated with recurrent renal calculi with recurrent hematuria is not compensably disabling.

The Veteran's kidney cancer is being remanded for further development due to insufficient evidence. The TDIU claim is also being remanded as the combined rating of service-connected conditions exceeds 60 percent.

The Board has reopened the service connection claims for TMJ and left knee degenerative joint disease, but denied the remaining claims. The Veteran's prostate cancer claim is not supported by evidence of current disability.

The Board has determined that the Veteran's death was not caused or contributed to by any service-connected disability, including his lumbar spine disability and related medications.

The Board found that the Veteran's renal cell carcinoma was not incurred in or aggravated by service, may not be presumed to have been incurred therein, and is not proximately due to or the result of a service-connected disability.

The Board has remanded the case for further development, including obtaining additional VA and private treatment records.

The Board is remanding the case to obtain a new medical opinion regarding whether any of the Veteran's causes of death, including hypertension, heart disease, chronic lung disease, chronic renal dysfunction, and diabetes mellitus, type II, could be attributed directly to his military service. The examiner must reconcile conflicting opinions from Dr. Patel and Dr. Maki with prior VA examinations.

The Board finds that the Veteran's renal cell carcinoma is due to Agent Orange exposure during service and grants his claim for service connection.

The Veteran's genitourinary disorder, claimed as a prostate, kidney and bladder disorder and diagnosed as end-stage kidney failure, was not incurred in or aggravated by active duty service. The Board found no evidence of such a condition during service or for many years thereafter, and did not establish a connection to service.

The Veteran's claims for service connection for right and left kidney disorders, as well as his claim for service connection for hemorrhoids have been withdrawn. The Board has determined that the Veteran no longer wishes to pursue these claims.,Service connection for hypertension was denied because there is insufficient evidence linking it to service.

The Board denied the Veteran's claims for service connection for a right kidney disability and for an increased evaluation in excess of 50 percent for PTSD prior to December 19, 2011 and to a disability evaluation in excess of 70 percent thereafter. The Board found that there was no evidence linking her current kidney condition to her in-service motor vehicle accident and renal contusion.

The Veteran's prostate disorder is not service connected as there is no evidence of a current disability. The Board finds that further examination and opinion are needed to determine the nature and etiology of his kidney stones, bilateral knee, neck, and low back disabilities.

The Veteran's claim for service connection for anxiety was denied as there is no competent and credible evidence showing a link between his current anxiety disorder and his military service.

The Veteran's appeal is being remanded due to the need for additional private treatment records. The initial higher rating for focal segmental glomerulosclerosis with chronic renal insufficiency and hypertension remains pending.

The Veteran's polycystic kidney disease has been shown to be stable and not disabling enough to warrant a compensable rating.