Kidney disease decisions — 2014

The Veteran's lung cancer, Type II diabetes mellitus, peripheral neuropathy of the upper and lower extremities, and chronic kidney disease with renal failure are all presumed to be due to herbicide exposure during service. Service connection is granted for these conditions.

The Board has ordered additional development due to the need for copies of informed consent forms and an opinion regarding whether VA failed to exercise reasonable care in proceeding with the Veteran's lung surgery following discovery of a lung infection. The appeal is currently on hold pending these actions.

The Board found that the preponderance of evidence does not support a finding that the Veteran's kidney stones were incurred in or otherwise resulted from his active service, and denied the claim for service connection.

The Board found no evidence of an in-service event, injury or disease that would cause a psychiatric disability and there was no showing of continuity of symptomatology. The Veteran's claims for service connection were denied.

The Board has determined that the Veteran's appeal seeking higher ratings for his service-connected disabilities, including tinnitus and bilateral hearing loss, is dismissed due to withdrawal of claims by the Veteran. The claim for an initial compensable rating for bilateral hearing loss remains denied.

The Veteran is seeking service connection for a chronic renal condition, which he claims was caused by lithium toxicity. The case has been remanded to obtain an addendum opinion regarding the etiology of his current renal dysfunction and whether it is at least as likely as not that it was aggravated by his service-connected schizophrenia or coronary artery disease.

The Board has remanded the case to obtain a new medical opinion regarding the onset and etiology of the Veteran's essential hypertension, which may be related to military service. The AOJ should readjudicate the claim on appeal after receiving this additional information.

The Veteran's medical expenses at South Georgia Medical Center from May 17, 2010 to May 18, 2010 and on March 28, 2011 are granted as the treatment was deemed necessary due to service-connected disabilities.

The Board has determined that the appellant does not have a current diagnosis of acute or subacute peripheral neuropathy, which is associated with herbicide exposure. Therefore, service connection for these conditions cannot be granted based on herbicide exposure.

The Board has determined that the Veteran's service-connected multifactorial pulmonary disease and kidney disease with partial nephrectomy did not cause or contribute substantially to his death from pneumonia, renal failure, and bleeding disorder.

The Veteran's appeal is being remanded for further development regarding his claims of service connection for various conditions due to exposure to Agent Orange.

The Veteran's claim for service connection for kidney cancer, status post nephrectomy is being remanded due to the need for additional development including obtaining private treatment records and a VA examination.

The Veteran's death was not caused by a service-connected disability, and there are no pending claims at the time of his death. Therefore, accrued benefits cannot be granted.

The Board has remanded the case due to the need for additional medical opinions regarding whether the Veteran's kidney failure and aortic valve replacement were caused by VA treatment, including the March 2005 prescription of ibuprofen and subsequent dialysis. The claims are being returned to the AOJ for further development.

The Board has determined that the Veteran's low back disability, respiratory disorder, renal cancer residuals, and skin condition are not service-connected.

The Board has remanded the case for further development due to inadequate medical opinions in a previous VA examination. The Veteran's claims for service connection for his back and kidney disorders are pending.

The Board has determined that the evidence is in equipoise, and thus service connection for renal insufficiency as secondary to diabetes mellitus and/or coronary artery disease is granted.

The Board found that the Veteran's kidney cancer was not caused by his military service, including exposure to Agent Orange or other environmental toxins. The medical evidence did not support a connection between the Veteran's service and his death.

The Board has reopened the appellant's claim for service connection for the cause of her husband's death, but has not decided whether new and material evidence supports a grant of service connection.

The Veteran died of chronic obstructive lung disease and renal failure. The service connection for these conditions cannot be established based on presumptive exposure to herbicides as he did not serve in Vietnam or any other location where Agent Orange was used. Service connection also cannot be granted due to the lack of evidence showing the presence of cardiovascular renal disease within one year post-service.