Kidney disease decisions — 2014

The Veteran's burial benefits claim is being remanded for further development, including obtaining medical records from Halifax Medical Center and confirming the Veteran's status in regards to VA benefits prior to his death.

The Board has remanded the case for further development to determine if the Veteran was exposed to Agent Orange during his service in Thailand and whether this exposure is related to his current conditions.

The Board has determined that the Veteran's service-connected disabilities did not cause, contribute to, or hasten his death.

The Board has determined that the Veteran's claims for service connection for eye disability, kidney disability, peripheral neuropathy of upper and lower extremities, GERD, bladder disability, and skin disability have been denied due to lack of evidence supporting these conditions.

The Veteran's tinnitus and chronic kidney disease have been granted service connection, but his bilateral hearing loss claim has not. The Veteran is found to have current tinnitus related to active service, and chronic kidney disease that was incurred during service.

The Board denied compensation under 38 U.S.C.A. § 1151 for additional disability claimed as a result of VA treatment, finding that the Veteran had been informed of all risks and consented to the procedure.

The Veteran's death was not caused by VA carelessness, negligence, or fault. The Board found no evidence that the delay in removing the kidney hastened his death.

The Board has determined that the Veteran's claimed disabilities, including type II diabetes mellitus, ischemic heart disease, neuropathy, chronic kidney disease, and prostate cancer, are not related to his military service or any exposure to DDT therein. As a result, these claims for service connection have been denied.

The Board denied the Veteran's claims for service connection for right kidney cancer and soft tissue sarcoma, finding no evidence linking these conditions to his military service or exposure to herbicides.

The Board has determined that the Veteran's death was caused by his service-connected diabetes mellitus, which contributed to his acute renal failure and septic shock. Therefore, service connection for the cause of the Veteran's death is granted. The claim for DIC under 38 U.S.C.A. § 1318 is dismissed as moot.

The Veteran's diabetes, renal failure, diabetic retinopathy, and related complications are service connected. His bipolar disorder is also service connected as secondary to his diabetes. Service connection for prostate cancer cannot be established due to lack of evidence of herbicide exposure.

The Veteran's loss of use of his left kidney is not considered to be due to VA care, treatment, or examination. The medical evidence does not support a finding that the initial procedure and subsequent stent placement caused the disability.

The Veteran's appeal is being remanded due to scheduling issues for a hearing before a Veterans Law Judge.

The Board found that the Veteran did not have HIV, skin disability (claimed as cysts), renal cell cancer, prostate cancer, or hepatitis in service. The evidence does not support a finding of service connection for these conditions.

The Veteran's death was caused by or contributed to by his service-connected bronchiectasis, which is considered a component of the COPD that led to his death.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for diabetes mellitus. However, the Veteran did not serve in Vietnam or have any documented exposure to herbicide agents such as Agent Orange during his military service. The weight of the evidence is against a finding that the Veteran's currently diagnosed conditions are related to his military service.

The Veteran's appeal has been dismissed due to his death. No service connection decisions were made.

The Veteran's kidney disorder and gout were not incurred or aggravated by service, including as due to herbicide exposure. The claims are denied.

The Veteran's service-connected disabilities prevent him from securing and maintaining substantially gainful employment, but a VA examination is needed to determine the combined effects of all his conditions.

The Board denied an earlier effective date for the grant of service connection for kidney disease (previously denied as nephrotic syndrome) because the earliest possible effective date is August 26, 2008 - the date of the claim to reopen service connection.