Kidney disease decisions — 2015

The Veteran's claims for service connection and nonservice-connected pension benefits were denied as her military service did not meet the threshold eligibility requirements.

The Veteran's death was not caused by his service-connected conditions, and the criteria for DIC under 38 U.S.C.A. § 1318 are not met.

The Veteran's claim for a higher rating for the residuals of his nephrectomy with partial adrenalectomy was denied as there is no evidence of renal dysfunction or decrease in kidney function.

The Board has determined that the Veteran's tinnitus is related to his service, specifically during ACDUTRA. Service connection for this condition is granted.

The Board has determined that further development is necessary before the claims can be decided, including obtaining additional VA and private treatment records, as well as opinions regarding the nature and etiology of the Veteran's bilateral hearing loss, hypertension, renal condition, and service connection.

The Board denied a TDIU rating prior to September 21, 2001 due to the lack of evidence showing that the Veteran was unemployable by reason of his service-connected kidney condition.

The Board denied service connection for a left kidney condition, finding that the Veteran's current condition is due to a congenital defect (ureteropelvic junction obstruction) and not related to any disease or injury incurred during service.

The Veteran's chronic kidney disease is caused by the medications prescribed for his service-connected left ankle disability, and therefore, he is granted service connection on a secondary basis.

The Board found that the Veteran's current kidney disability did not have its clinical onset in service and is not otherwise related to active duty. The claim for service connection was denied.

The Veteran's appeal is being remanded for additional development, including a VA examination to address the relationship between his heart disease and ventricular tachycardia, as well as chronic kidney disease, with service and/or service-connected conditions.

The Veteran's claims for increased ratings for diabetes mellitus, type II, with erectile dysfunction and renal insufficiency with hypertension have been denied as the evidence does not meet the criteria for a higher rating under the applicable rating schedule.

The Veteran's appeal is being remanded to obtain additional medical opinions and records, including those from the Memphis VAMC dated from December 2007 to February 2009. The case will be readjudicated after all actions are completed.

The Board has dismissed the appellant's claims of entitlement to earlier effective dates for the grant of service connection due to lack of authority to adjudicate such freestanding claims.

The Board has determined that the Veteran's service-connected asthma contributed substantially to his cause of death, and thus grants service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's adrenal gland and bladder cancers did not begin during or after his active service, nor are they related to herbicide exposure. As such, service connection for these conditions is denied.

The Board found that the appellant's diabetes mellitus did not manifest during her period of active duty for training (ACDUTRA) and thus denied service connection. The kidney disease was also denied as a matter of law since there is no current service-connected condition to establish secondary service connection.

The Veteran's claims for increased evaluation of asbestos-induced pleural disease, reopening of service connection claims for various conditions, and TDIU/SMC have been granted. The Veteran is now rated at 100% for his asbestos-induced pleural disease as of May 3, 2010.

The Veteran's claim for service connection for papillary cell renal cell carcinoma, including as secondary to in-service herbicide exposure, is being remanded due to the need for a VA examination and an etiological opinion.

The Board found that the Veteran's renal failure with hemodialysis was not caused by VA care, and denied her claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's right knee condition is rated 10% for degenerative joint disease and instability, effective April 25, 2006.,His hypertension with mild renal insufficiency has been rated at 10%, effective February 9, 2007.