Kidney disease decisions — 2015

The Board denied the Veteran's claims for service connection for heart disorder, hand tremor disorder, seizure disorder, and kidney disorder due to herbicide exposure. The appeals were based on presumptive service connection under the Agent Orange Act of 1991.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this case.

The Board has reopened the Veteran's claims for service connection for diabetes mellitus, type II and heart disease due to herbicide exposure. The claims are granted as presumptive under VA regulations.

The Veteran's deep scar from a previous surgical procedure is rated at 20 percent, while the superficial scar does not meet criteria for any rating.

The Veteran's claim for higher ratings for hypertension with hypertensive heart disease and chronic renal disease was denied. The Board found that the evidence did not support a rating in excess of 60 percent prior to June 13, 2013 and in excess of 80 percent on and after June 13, 2013.

The Veteran's claim for an effective date prior to August 19, 2003, for the award of service connection for end-stage renal disease has been granted. The effective date is set at August 19, 2003.

The Veteran's appeal includes multiple issues related to his service-connected disabilities and new claims. The Board has determined that a remand is necessary for the issuance of a Statement of the Case on certain issues, including those involving sleep apnea and hemorrhoids/dizziness.

The Veteran's death was caused by metastatic renal cancer and metastatic prostate cancer. The appellant seeks service connection for the cause of the Veteran's death, including whether his exposure to Agent Orange contributed to his renal cancer.

The Veteran's appeal is denied as he is not eligible for reimbursement of unauthorized medical expenses incurred at a private hospital due to Medicare coverage.

The Veteran died due to acute or chronic renal failure, caused by overdose of drugs and metabolic and anoxic encephalopathy. The Board found that his service-connected diabetes did not cause or contribute substantially to the cause of death. Additionally, he was not rated as totally disabled for at least 10 years prior to his death.

The Veteran's appeal is being remanded for additional development to address his claims of service connection for kidney cysts and an increased rating for ischemic heart disease.

The Board has determined that the Veteran's hypertension is related to his service-connected chronic kidney disease and grants service connection for this condition.

The Board has determined that the Veteran's current Wegener's disease is of service origin, and grants service connection for this condition. The issue of secondary service connection for kidney cancer will be addressed in a separate remand.

The Board has determined that the Veteran's renal cell carcinoma is not related to his military service and therefore denied service connection for this condition.

The Board found that the Veteran did not have hantavirus in service and has no current residuals of hantavirus. The chronic kidney disease is also not related to any incident during service, including his PTSD.

The Board found that the Veteran's renal cancer is not related to exposure to radiation during service and did not arise as a direct result of service. Therefore, the claim for service connection for cause of death due to exposure to radiation was denied.

The Board has denied the Veteran's claims of service connection for hearing loss, PTSD, an acquired psychiatric disorder other than PTSD, coronary artery disease, kidney stones, and stomach disorder. The evidence does not support a finding that any of these conditions were incurred in or aggravated by military service.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Florida Hospital Waterman on May 5, 2009 is granted as the care and services were rendered in a medical emergency of such nature that delay would have been hazardous to life or health.

The Board has remanded the case due to the need for medical opinions regarding whether the Veteran's use of tobacco products was a substantial factor in causing his death, and to obtain financial information from the appellant.

The Veteran withdrew his appeals for left shoulder tendonitis, cervical spine disorder, and radiculopathy of the left upper extremity prior to a decision being made.