Kidney disease decisions — 2014

The Board has determined that additional development is necessary to decide the Veteran's claim for service connection for a renal condition, including whether it is related to his military service. The case is therefore REMANDED for further action.

The Veteran's appeal is being remanded for a Travel Board hearing. The issues include service connection for kidney disorder and hypertension secondary to diabetes, higher initial ratings for coronary artery disease and diabetes mellitus, and TDIU.

The Veteran was awarded SMC at the R-1 rate for purposes of accrued benefits due to his need for regular aid and attendance, as well as loss of use of both hands from service-connected disabilities.

The Board has determined that there is no current disability for the claimed adrenal gland tumor and no in-service incurrence or relationship to herbicide exposure. The Veteran's hypertension claim also fails as it does not meet the criteria for service connection due to lack of a current disability, an absence of in-service incurrence, and no evidence of a causal relationship to herbicide exposure.

The Veteran's type II diabetes mellitus, kidney disorder (claimed as kidney cancer), and skin disorder are all found to be related to his service exposure to herbicides. The claims for these conditions are therefore granted.

The Board has determined that the Veteran's claimed disabilities are not related to service, including as due to herbicide exposure. Service connection is denied for all issues.

The Veteran's severe abdominal pain on July 25, 2010 was of such a nature that a prudent layperson would have reasonably expected delay in seeking immediate medical attention to be hazardous. The closest VA emergency room was approximately two hours away and the Veteran had already attempted to seek treatment at a VA facility.

The Board has denied the Veteran's claims of service connection for left knee disability and renal dysfunction. The Veteran is not entitled to service connection for these conditions as there is no evidence that they were incurred or aggravated by service.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a supplemental VA medical opinion. The Veteran's claim of compensation under 38 U.S.C.A. � 1151 is being reviewed due to insufficient care received by the VAMC in Topeka, Kansas prior to hospitalization in September 2007.

The Board found that none of the service-connected disabilities caused or contributed substantially to the Veteran's death. The medical evidence did not support a link between Agent Orange exposure and the cause of death.

The Veteran's claims for service connection for colon cancer, chronic renal insufficiency, and Type II diabetes mellitus due to exposure to tactical chemical herbicides were denied as there is no evidence of in-service exposure or a link between the conditions and active duty.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for kidney stones, resulting in a denial of the application.

The Veteran's renal insufficiency is not found to be secondary to his service-connected hyperuricemia or any other service-connected disability. The Veteran's bilateral pes planus has been rated appropriately since May 6, 2010.

The Board has remanded the case for additional development, including obtaining VA treatment records and requesting a medical opinion regarding whether service-connected conditions contributed to the Veteran's death.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred in August and September 2007 at Kell West Regional Hospital is denied as the request was not made within 90 days after discharge from the facility, which is required by law.

The Board has determined that the Veteran's post-service urinary tract infections are related to her in-service pyelonephritis and granted service connection for a chronic urinary/kidney disorder.

The Board has reopened the Veteran's claim for service connection for a kidney disability, but denied his increased rating claim for gunshot wound residuals. The Veteran's kidney condition is not shown to be related to his military service and there is no evidence of new or material evidence presented since the last final denial.

The Board has remanded the case for further development, including obtaining records from the NPRC and Kaiserslautern/Vogelweh hospitals. The VA examiner will provide opinions regarding the etiology of the Veteran's death and entitlement to DIC under 38 U.S.C.A. § 1151.

The Veteran withdrew his appeal regarding the claims for service connection for squamous cell carcinoma, gastrointestinal conditions, obstructive sleep apnea with paralyzed right hemidiaphragm and COPD, and cystic disease of the right kidney.

The Veteran's combined disability rating has been at least 70 percent since April 10, 2007, and 90 percent since October 18, 2012. The Board finds that the Veteran is unemployable due to his service-connected disabilities.