Kidney disease decisions — 2019

The Veteran's adult daughter is granted additional accrued benefits for six weeks of caregiver expenses related to the Veteran's last sickness, but Life Alert services are denied.

The Veteran's claims for service connection have been dismissed due to the death of the appellant, who was substituted as the claimant.

The Veteran's timely Notice of Disagreement with the July 2015 rating decision has been accepted. The issues of service connection for chronic kidney disease, hypertension, and diabetes have been remanded due to new evidence.

The Board has decided to remand the case due to the need for additional medical records and clarification of the VA examiner's opinion regarding the Veteran's kidney condition.

The Board denied the Veteran's claims for service connection for hypertension, diabetes mellitus, and chronic renal failure due to lack of evidence connecting these conditions to his military service.

The Veteran's diabetes mellitus is rated as 40 percent disabling, and he is granted TDIU benefits due to his service-connected disabilities.

The Board has granted service connection for diabetes mellitus due to exposure to Agent Orange. The Veteran's renal failure and bilateral lower extremity neuropathy are remanded for further examination and opinion.

The Board has remanded several claims for further development, including service connection for various conditions and the relationship to service. The Veteran's death during appeal means his spouse is now the appellant.

The Veteran's death was not caused by a service-connected disability, and the Board denied service connection for the cause of his death.

The Veteran's kidney stones are found to be related to his service, and he is granted service connection for this condition.,His Graves Disease does not warrant a rating in excess of 10 percent as it did not manifest with tachycardia or increased pulse pressure. The issue of entitlement to an initial compensable evaluation for right elbow lateral epicondylitis and left elbow lateral epicondylitis is remanded.,The Veteran's service-connected right hand strain, right elbow lateral epicondylitis, and right leg shin splints are all found to be related to his service. The issue of entitlement to an initial compensable evaluation for left elbow lateral epicondylitis and left leg shin splints with left ankle status post ORIF fracture and scar is also remanded.

The Veteran's claims for service connection and TDIU are being remanded due to the need for additional medical opinions and examinations. The effective date of service connection for diabetes is denied.

The Board denied the Veteran's claims of service connection for lung disability, hypertension, and kidney disease. The lung disability was not related to service or asbestos exposure. Hypertension did not manifest within one year after separation from service. Kidney disease also lacked a causal link to service.

The Board denied service connection for a right hand deformity, leukemia, and kidney disorder. The Veteran's right hand condition is not shown to be related to his military service. His leukemia is not presumed due to herbicide exposure in Vietnam as he did not serve there. His kidney disorder also lacks evidence of chronicity within one year post-service.,The Board found no evidence linking the Veteran’s current conditions to his military service, including any potential exposure to herbicides.

The Veteran's claims of service connection for right knee arthritis, respiratory disorders including pulmonary emphysema and kidney disorder were denied. The Board found that the evidence did not support a finding of in-service onset or continuity of symptoms post-service.

The Veteran's appeal for SMC higher than (m) plus (k) was denied as his service-connected disabilities do not meet the criteria for a higher rating under section 1114(o). The Veteran has more than one disability rated at 100 percent, but does not have two or more separate and distinct disabilities that would qualify him for SMC rates listed in subsections (l) through (n).

The Veteran's kidney cancer and lung cancer are granted as service connected, but the claims for left ear hearing loss, right ear hearing loss, tinnitus, and a TDIU based on coronary heart disease are denied.

The Board denied payment or reimbursement for unauthorized medical expenses incurred at Memorial Hermann Southwest Hospital (MHSH) from November 6 through November 12, 2012, as VA facilities were feasibly available to the Veteran on that date.

The Board has determined that the Veteran's death was not reasonably foreseeable and grants DIC benefits under Section 1151 of the U.S. Code.

The Board granted service connection for the cause of the Veteran's death, finding that his paroxysmal atrial fibrillation was a symptom of ischemic heart disease due to Agent Orange exposure.

The Veteran's service connection claims for ureterolithiasis, right shin splints, hypertension, renal cyst, thoracolumbar strain/sprain with scoliosis, chondromalacia patella, status post right knee ACL surgery, and headache syndrome were denied. The Veteran was granted a 10 percent rating for his hypertension starting from August 2, 2018.