Kidney disease decisions — 2014

The Board has determined that a remand is necessary to obtain an updated medical opinion regarding the Veteran's left kidney disorder, as the previous opinions did not adequately address all relevant factors and diagnoses.

The Board found that the Veteran's lung disorder, COPD, and smoke inhalation are not linked to his active service. The kidney disorder was also not linked to his service. Therefore, both claims for service connection were denied.

The Veteran's claim for service connection for residuals of status post left kidney partial nephrectomy (claimed as left kidney cancer) is being remanded due to the need for a VA examination and additional medical opinions regarding the relationship between his claimed condition and his military service, including presumed exposure to herbicides.

The Board has remanded the case for additional development to address issues related to service connection and exposure claims, as well as new evidence submission.

The Veteran's kidney disability was aggravated during service, and his current residuals of a stroke are proximately due to his now service-connected kidney disability. The Veteran's bilateral plantar fasciitis is considered incurred during service.

The appellant has withdrawn her appeals for service connection for renal insufficiency and esophageal cancer.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a finding of service connection for any of the claimed conditions.

The Veteran's renal cell carcinoma of the right kidney became manifest to a degree of 10 percent or more within one year after separation from service, and thus meets the criteria for presumptive service connection.

The Veteran's heart disability, diagnosed as coronary artery disease, was caused by carelessness or negligence on the part of VA and is therefore eligible for compensation under 38 U.S.C. § 1151. The appeal concerning entitlement to compensation for a kidney tumor has been withdrawn.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence of actual exposure to herbicide agents in Vietnam and thus no presumption applies.

The Board is remanding the case to the RO for scheduling a videoconference hearing before a member of the Board due to the VLJ who conducted the July 2008 hearing no longer being employed at the Board.

The Veteran's appeals for service connection on the merits have been dismissed due to her withdrawal of these claims. The Board has not jurisdiction over these issues and they are therefore dismissed.

The Veteran's claims for kidney disability and COPD are being remanded due to the need for VA examinations.

The Veteran's claims for service connection for various conditions, including heart disability (enlargement), lumbar spine disability, hypertension, bilateral hearing loss, tinnitus, erectile dysfunction, otitis, kidney enlargement, and dizziness were denied. The appeal is dismissed as the evidence does not meet the criteria for reopening the previously denied claim.

The Board has remanded the case for additional development, including obtaining an addendum opinion from the May 2009 examiner and updating the claims file with recent VA treatment records. The Veteran's TDIU claim is held in abeyance pending further adjudication of his PKD claim.

The Board has remanded the case due to inadequate medical opinions regarding whether PTSD caused or aggravated any of the Veteran's causes of death, including congestive heart failure, COPD, renal insufficiency, and hypertension.

The Board has determined that the Veteran's cause of death is related to his exposure to herbicides during service, and thus grants service connection for the cause of death.

The Board found that the Veteran's death was not caused by a service-connected disability and did not meet the criteria for nonservice-connected death pension benefits.

The Board has determined that the Veteran's peripheral neuropathy, kidney disorder, and hypertension are all service-connected as secondary to his service-connected diabetes mellitus.

The Veteran's claim for a total disability rating based on individual unemployability was granted with an effective date of February 25, 2004. The combined disability rating at that time included multiple service-connected conditions.