Kidney disease Board decisions

The Veteran's appeal of the claims for service connection for liver disorder, kidney disorder, post concussion syndrome, cervicalgia, lacerations of the face and nose, right foot contusions, and to reopen the claim of service connection for a low back disability was withdrawn. The claim for an increased rating for tinnitus is denied as there is no legal basis for assignment of a schedular evaluation in excess of 10 percent.

The Board found that renal failure did not have its onset during active duty and denied the Veteran's claim for service connection.

The Veteran's renal cell carcinoma was not incurred in or aggravated by active service and may not be presumed to have been incurred during such service due to his presumed herbicide exposure. The Board found that the evidence does not support a finding of service connection for the Veteran's kidney cancer.

The Board finds that the Veteran's appeal was timely filed, and therefore, the claims for service connection for hearing loss and tinnitus are being considered on their merits. The claim for kidney disease (to include glomerulonephritis) is remanded due to a need for further development.

The Veteran's renal cancer is being reviewed for potential service connection due to exposure to Agent Orange during his military service in Vietnam. The claim will be remanded for further development and consideration.

The Veteran's claim for service connection for hypertension and kidney disease is being remanded due to the need for additional development, including obtaining a medical opinion on the relationship between his current conditions and military service.

The Board determined that the Veteran's renal cell cancer did not arise from his service-connected prostate cancer or exposure to Agent Orange. The cause of death was deemed unrelated to any service-connected condition.

The Board found that the cause of death, metastatic colon cancer, pneumonia, and renal failure, did not have onset during active service or within one year of separation from service. The diseases were not related to the Veteran's service and there was no evidence linking them to exposure to herbicides in Vietnam.

The Veteran's service-connected disabilities have been rated based on their manifestations due to his diabetes mellitus. The initial ratings for hypertension, peripheral neuropathy of the upper and lower extremities, diabetic retinopathy, and chronic kidney disease are all granted.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that neither a principal nor contributory cause was related to service.

The Board found that the Veteran's renal and heart disorders were not incurred or aggravated in service, and there was no evidence of diabetes due to Agent Orange exposure. The cause of death (renal failure and congestive heart failure) is therefore not considered service-connected.

The Board denied the Veteran's claims for service connection for skin cancer and kidney cancer, both of which were not present in service or within many years after discharge. The evidence did not establish a direct relationship between these conditions and service.

The Veteran's spouse is not considered to be in need of regular aid and attendance based on the criteria set forth in 38 C.F.R. § 3.352(a).

The Veteran's appeal is being remanded for a VA examination to determine the nature and severity of his service-connected residuals of a perforated right kidney disability, including any urinary frequency disability related to this condition. The case will be readjudicated based on all relevant rating criteria.

The Veteran's initial compensable ratings for bilateral hearing loss and chronic renal failure from January 5, 2005 were denied. The Veteran also requested higher initial ratings for a left total knee replacement but these issues are not addressed in the decision.

The Board has remanded the Veteran's claim for an initial rating in excess of 30 percent for status post right renal transplant due to end stage renal disease, as well as his separate compensable rating for the left radical nephrectomy based on paired organ pursuant to 38 U.S.C.A. § 1160. The case is remanded for further development and evaluation.

The VA Medical Center in Kansas City did not cause the Veteran's additional disabilities, including chronic pancreatitis, abscesses, anemia, and renal failure, due to negligence or unforeseeable events. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board found that the Veteran's lupus erythematosus and kidney transplant residuals were not related to his military service, as there was no evidence of such conditions during or within one year after service. The claim for service connection is therefore denied.

The Board denied the Veteran's claim for an effective date prior to November 8, 2001, for nonservice-connected pension benefits.

The Board has determined that the appellant is recognized as the Veteran's surviving spouse and that his service-connected PTSD contributed substantially or materially to cause his death. The decision grants both issues.