Kidney disease decisions — 2013

The Veteran withdrew his appeals for the claims of service connection for diabetes mellitus, peripheral neuropathy of the right lower extremity, chronic renal disease, cardiovascular disease, and hypertension, all due to herbicide exposure.

The Board has remanded the case for additional development, including obtaining private treatment records and providing a new opinion regarding the etiology of the Veteran's cause of death.

The Board has determined that the Veteran's death was caused by his cardiomyopathy, which is related to non-steroidal anti-inflammatory drugs (NSAIDs) taken for service-connected conditions. The cause of death is considered due to service connection.

The Board has granted service connection for hypertension, finding that the Veteran's hypertension was compensably disabling within one year of separation from service. The issue of secondary renal disability to hypertension is remanded.

The Board has determined that the Veteran's claimed conditions, including diabetes mellitus and its secondary effects on other conditions, are not service-connected.

The Veteran's claims for increased ratings for residuals of a nephrectomy with partial adrenalectomy and residual left flank scar are being remanded due to the need for additional examinations.

The Board has determined that the Veteran's left kidney renal cell carcinoma and nephrectomy are not caused by any in-service event, are not related to active service, and are not caused or aggravated by a service-connected disability or the pain medications used to treat the service-connected disabilities.

The Board has reopened the claim of entitlement to DIC based on service connection for the cause of the Veteran's death due to new and material evidence. The Veteran died from subdural hematoma, which was caused by chronic myelogenous leukemia (presumptively related to Agent Orange exposure). Service connection is granted.

The Board found that the Veteran's renal deficiency and neurological disability of bilateral upper extremities were not caused by or aggravated by VA care, resulting in a denial of her claims under 38 U.S.C.A. § 1151.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining missing service treatment records and medical records from the VA Medical Center in Miami or Fort Lauderdale. Financial status reports are also needed to determine the current financial situation of the Veteran and his wife.

The Veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 were denied, with the exception of his claim for schizophrenia which was granted.

The Veteran's combined service-connected disability rating is sufficient to meet the criteria for a TDIU, as his disabilities render him unable to secure and follow substantially gainful employment.

The Board has remanded the case for further development due to an inadequate VA examination and need for additional medical opinions regarding the Veteran's claimed disabilities.

The Veteran's death was due to progressive renal cell cancer, which is not service-connected. The surviving spouse does not meet the eligibility criteria for Dependents' Educational Assistance (DEA) benefits under Chapter 35.

The Board found that the Veteran's kidney disorder did not manifest during or as a result of active military service and was not caused by his service-connected prostatitis.

The Veteran's claims for higher ratings for residuals of shrapnel wounds to the right upper arm, liver and diaphragm, and kidney have been granted. The highest rating of 30 percent has been assigned.

The Veteran's appeal of service connection for a sinus disorder was withdrawn. The Board finds that the Veteran has sleep apnea that is likely traceable to his period of active duty service.

The Veteran's death was not caused or contributed to by his service-connected conditions, including diabetes mellitus and coronary artery disease. The Board found that the service-connected disabilities did not hasten or contribute to the cause of death.

The Veteran's appeals were dismissed due to his death while the appeal was pending before the Board.

The Veteran's claims for service connection are being remanded due to the need for additional medical examination and records review.