Kidney disease decisions — 2013

The Veteran's claims for service connection were granted, with the exception of a heart disability other than a heart murmur. The Board found that benign prostatic hypertrophy and associated voiding dysfunction, as well as renal and urinary tract disabilities including a right renal cyst, were incurred in active service. However, no service connection was established for a heart disability other than a heart murmur.

The Board found that the Veteran's kidney stones were not incurred in or aggravated by service and are not proximately due to or the result of his service-connected diabetes mellitus. The examiner opined that the condition predated his DM.

The Board has determined that the Veteran's claims for earlier effective dates for service connection are denied as there is no evidence of a claim prior to January 13, 2004.

The Veteran's death was not caused by VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing the hospital care and medical treatment resulting in death.

The Board has reopened the claim for service connection for a lumbar spine disability and determined that new evidence supports this reopening. The Veteran does not have any of the claimed conditions, including back, knee, foot, elbow, hearing loss, tinnitus, diabetes mellitus type 2, heart disease, or psychiatric disorders, that were incurred in or aggravated by his service.

The Board has determined that new and material evidence has not been presented to reopen the claims for service connection for back disability, neck disability, bilateral hearing loss, or kidney cancer.

The Veteran has withdrawn his appeals on both issues, and therefore the cases are dismissed.

The Board found that the Veteran did not have additional disability following his transurethral valve ablation surgery, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board has denied the Veteran's claims for service connection for various conditions, including diabetes mellitus, skin cancer, coronary artery disease, bilateral peripheral neuropathy, erectile dysfunction, kidney condition, hypertension, and tinnitus. The decisions were based on a lack of evidence linking these conditions to his military service.

The Board has reopened the claims for service connection for PTSD and an acquired psychiatric disorder, including PTSD and depression. The kidney disability claim remains denied as new and material evidence was not received to reopen it.

The Board found that the Veteran's current renal cysts and benign prostatic hypertrophy with overactive bladder were not incurred in or due to his active service, nor are they caused by or aggravated by his service-connected diabetes mellitus, type II, or hypertension.

The Board found that there was no evidence showing that the Veteran's chronic renal insufficiency was caused or aggravated by any service-connected disability, including diabetes mellitus.

The Veteran's claims for service connection for renal glycosuria and diabetes mellitus were denied in November 1988. The claim to reopen the issue of service connection for diabetes mellitus was denied by the Board in November 1989, which became final. New evidence received since these decisions is not considered new and material.

The Board found that the Veteran's death was not caused by any service-connected disability and denied the claim for service connection for the cause of death.

The Board found that the Veteran's metastatic renal cell carcinoma is not attributable to in-service herbicide exposure or any other aspect of his service, and denied all claims for secondary service connection based on Agent Orange exposure.

The VA physician concluded that the Veteran does not have a current right kidney disorder and it is less likely than not that any such condition is related to his service-connected left nephrectomy. As a result, the claim for service connection was denied.

The Board denied service connection for bladder cancer, right kidney cancer, and residual scars secondary to basal cell carcinoma of the nose and right cheek due to lack of evidence linking these conditions to exposure to ionizing radiation during service.

The Veteran's claim for service connection for kidney and renal cell carcinoma, which was related to exposure to herbicides, has been dismissed due to the death of the appellant.

The Veteran's appeal is being remanded to schedule a videoconference hearing before the Board. The issues of service connection for kidney cancer, skin disability, and breathing problems are pending.

The Board has granted service connection for multiple myeloma and chronic renal failure for purposes of accrued benefits. The appellant's claim for the cause of death is remanded to obtain a VA medical opinion regarding whether her husband's service-connected conditions contributed to his death.