Kidney disease decisions — 2016

The Board has determined that the Veteran's cause of death, metastatic renal cell carcinoma, was etiologically related to herbicide exposure during active service (Agent Orange). As a result, the appeal for service connection for the cause of the Veteran's death is granted.

The Veteran's service-connected conditions render him in need of regular aid and attendance, necessitating special monthly compensation at the aid and attendance rate.

The Board found that the Veteran's residuals of prostate cancer have been manifested by symptomatology more nearly approximating erectile dysfunction and hesitancy on urination, but not to a degree warranting an increased rating beyond 20 percent.

The Veteran died from renal cancer with metastases. The Board found that his diabetes did not contribute substantially to his death and was not service-connected, thus denying the claim for service connection for the cause of his death.

The Veteran's service-connected ischemic heart disease is rated at 60 percent effective May 22, 2014. Prior to that date, the claim for an increased rating was granted but not yet assigned a specific percentage.

The Veteran's claims for service connection for various conditions, including PTSD, prostate cancer, a neck condition, renal and liver conditions, and skin disability of the feet, were denied as there is no evidence to support that these conditions are related to his military service.

The Board has determined that further development is necessary in order to determine the Veteran's exposure to ionizing radiation and herbicides, as well as whether he is entitled to TDIU based on his service-connected disabilities. The claims will be remanded for these purposes.

The Veteran died in April 2006 due to multiple organ failures, including sepsis. His service-connected low back disability was not listed as a primary cause of death or a substantial contributing factor. As he did not meet the criteria for receiving DIC benefits under 38 U.S.C.A. § 1318, his surviving spouse's claim is denied.

The Veteran's hypertension with left hydronephrosis was granted a 100 percent evaluation for the period prior to August 13, 2013.,For the period on and after August 13, 2013, both chronic kidney disease and hypertension were rated at their maximum of 80 percent and 10 percent respectively.

The Veteran's service-connected disabilities have resulted in permanent and total disability that is due to the loss or loss of use of one or both lower extremities so as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair. As such, he is entitled to a certificate of eligibility for assistance in acquiring specially adapted housing.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses is denied because he has Medicare coverage, which makes him ineligible under the law.

The Veteran's claim of entitlement to service connection for PTSD, hypertension, heart disease, dyslexia, kidney disability, respiratory disability, and bilateral shoulder disability has been granted. He is also awarded special monthly compensation based on the need for aid and attendance.

The Board has determined that additional development is needed to ensure compliance with the prior remand instructions and to obtain a comprehensive medical opinion regarding the Veteran's claims.

The Board has determined that the Veteran does not have a current diagnosis of tuberculosis, hepatitis, fatty liver disease, hyperthyroidism, or any other condition related to her service connection claim. The positive PPD skin test is not considered service-connected.

The Veteran's death was caused by metastatic renal cell carcinoma and a gastrointestinal bleed, but these conditions were not service-connected due to lack of evidence linking them to his military service.

The Board has ordered a remand to obtain an addendum to the March 2014 VA opinion regarding whether the Veteran's service-connected PTSD caused or contributed to his cause of death.

The Board has determined that the Veteran does not meet the criteria for service connection for various conditions, including bilateral eye disability, renal dysfunction, urinary incontinence, heart disability, fecal incontinence, peripheral neuropathy of upper and lower extremities, low back disability, cervical spine disability, bilateral knee disabilities, bilateral ankle disabilities, and bilateral hearing loss. The Veteran's claims have been denied.

The Board has granted the Veteran's claim for service connection for residuals of a right nephrectomy, finding that it is at least as likely as not related to his in-service concussive injury. The issue of hearing loss, right ear, was withdrawn by the Veteran prior to the decision.

The Board has determined that the Veteran's death was not caused by any service-connected disability, including those presumed to be related to contaminated water exposure at Camp Lejeune. The cause of death listed on his death certificate was a stroke, with hypertension and chronic kidney disease as significant conditions contributing to death.

The Board dismissed the motion to revise a decision based on clear and unmistakable error (CUE) in the September 2009 decision denying service connection for hyperthyroidism, heart disease, gouty arthritis, and kidney disease.