Kidney disease decisions — 2014

The Veteran's service-connected conditions do not preclude him from securing and following substantially gainful employment, thus his claim for TDIU is denied.

The Veteran's unauthorized medical expenses incurred at Baptist Medical Center from June 1, 2011 to June 8, 2011 are now covered by VA as the treatment was for a medical emergency and no other VA facilities were feasibly available.

The Board found that the Veteran's renal cell carcinoma is not related to his in-service herbicide exposure and denied service connection for this condition.

The Board finds that the Veteran's death was caused by VA care or treatment, and that this care or treatment proximately caused his death. The appellant has provided evidence suggesting that the VA facility failed to timely diagnose and treat a sacral decubitus ulcer, which contributed to the Veteran's death.

The Board found no evidence of herbicide exposure in service and denied the Veteran's claims for diabetes mellitus, liver condition, hypertension, and kidney condition as they are not shown to have been incurred or aggravated by service.

The Board denied the appellant's request to be substituted for her husband as a claimant due to no pending claims in his name.

The Veteran's hepatitis and renal calculus claims are being remanded for additional development, including VA examinations to assess the current severity of his service-connected disabilities. The TDIU claim is also being held in abeyance pending adjudication of the other issues.

The Veteran's G6PD deficiency with hemolytic anemia, renal glycosuria, and Fanconi's syndrome from December 23, 1969 has been rated at a 70 percent disability rating under the provisions of 38 C.F.R. � 3.321(b)(1). The effective date for this increased rating is set as December 23, 1969.

The Veteran withdrew his appeal for all of the remaining issues on appeal, including service connection claims and a claim for an initial rating in excess of 10 percent for Dupuytren's contracture of the right hand.

The Veteran's claim for service connection for kidney cancer, including as secondary to his service-connected prostate cancer, was denied. The Board found no evidence linking the kidney cancer to service or any service-connected condition.

The Veteran's appeal has been dismissed as the appellant (Veteran) withdrew his appeal prior to a decision being made.

The Veteran's non-Hodgkin's lymphoma, chronic kidney disease, and peripheral neuropathy of the upper and lower extremities are all found to be related to his service-connected condition. The appeal for spousal aid and attendance allowance is remanded.

The Board has granted the Veteran's claim for service connection for renal cell carcinoma and removal of a kidney, finding that the evidence is at least in relative equipoise as to whether these conditions are related to his exposure to asbestos and benzene during active duty.

The Board has determined that the Veteran's cause of death was not caused by any service-connected disability, and specifically ruled out Agent Orange exposure as a contributing factor. The evidence does not support direct service connection for the causes of death.

The Board has reopened the claims for service connection for diabetes mellitus, type II, bilateral upper extremity peripheral neuropathy, bilateral lower extremity peripheral neuropathy, and erectile dysfunction due to new evidence submitted by the Veteran. The kidney condition and blurred vision claims remain denied as not supported by new and material evidence.,The Veteran's exposure to herbicides is acknowledged but does not establish service connection for his kidney or blurred vision conditions.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, as well as a new VA examination to determine the etiology of his kidney disability, hypertension, and acquired psychiatric disability.

The Veteran's claims for a kidney disorder and an acquired psychiatric disorder, including PTSD, were denied as there is no evidence of such conditions during service or due to herbicide exposure. The Board found that the Veteran does not have current diagnoses of these disorders.

The Veteran's death was caused by multiple myeloma, kidney failure, and electrolyte derangement. The Board denied service connection for the cause of the Veteran's death as there is no evidence connecting his service to these conditions. The claim for nonservice-connected death pension benefits remains pending.

The Veteran's unauthorized medical expenses incurred from February 26, 2011 to March 1, 2011 are eligible for reimbursement as the treatment was provided in an emergency department and met all other criteria under VA regulations.

The Board found that the cause of death (bowel obstruction, renal failure) was not related to service-connected conditions and thus denied the claim for service connection for the cause of the Veteran's death.