Kidney disease Board decisions

The veteran's service connection claim for a scar of the kidney is granted as it was incurred during his military service.

The Board denied the veteran's claims for service connection for various conditions, including diabetes mellitus and its secondary effects. The Board found that there was no evidence of a thoracolumbar spine disorder or ankylosing spondylitis during active service or within one year after discharge.

The Board denied the veteran's request to reopen his claim of service connection for polycystic kidney disease, finding that the newly submitted evidence was not new and material.

The Board denied the veteran's claim for service connection for the cause of his death, including as a result of exposure to Agent Orange. The Board found that oropharyngeal cancer, renal failure, and hepatic failure were not shown by evidence to have been incurred as a result of the veteran's active service, including exposure to Agent Orange.

The Board has determined that the appellant was not permanently incapable of self-support prior to her 18th birthday, and therefore does not meet the criteria for recognition as a helpless child.

The Board has determined that the veteran did not timely file a notice of disagreement with the April 2003 rating decision, and therefore, the April 2003 rating decision is final. The claims for compensation under 38 U.S.C.A. § 1151 for renal failure and service connection for congestive heart failure secondary to renal failure are remanded.

The Board denied the appellant's claim for service connection for the cause of the veteran's death, finding that there was no evidence linking any of the listed disabilities to service or presumed exposure to herbicide agents.

The Board has denied the veteran's claims of service connection for chest, nervous, and kidney disorders. The claims for residuals of Giardia Lambia infestation, peptic ulcer disease, head trauma, and fracture of the body have also been denied.

The veteran's chondromalacia of the left knee is not rated higher than 10 percent due to lack of more severe impairment.,A kidney disability was not found to be service-connected or secondary to a service-connected condition.

The veteran's appeal was dismissed due to his death.

The veteran's claim for service connection for his health conditions, including diabetes mellitus and its related complications, is being remanded due to the need for additional development. The case will be returned to the agency of original jurisdiction (AOJ) for initial consideration.

The veteran's claim for reimbursement of unauthorized dental services is denied as the treatment was not rendered in response to a medical emergency and VA facilities were feasibly available.

The Board denied the veteran's claims for service connection for various conditions, finding that none of them were incurred in or aggravated by active service.

The Board denied the veteran's claims for reopening his PTSD and chronic renal failure service connection claims, as well as his claims for dyspnea, respiratory disability, and heart condition. The decision also found that he did not have a respiratory disability or heart condition.

The veteran's appeal is remanded due to a need for a new VA examination and readjudication of his claim.

The Board found that the veteran's kidney cancer and metastatic lung cancer were not incurred in or aggravated by service, including from exposure to chemicals from medical research experiments. The preponderance of evidence indicated these conditions are unrelated to his military service.

The Board found that the cause of the veteran's death, metastatic renal carcinoma, was not related to his military service and denied the claim for service connection.

The veteran's schizophrenia, rated at 50 percent prior to November 7, 1996, and at 70 percent thereafter, is granted. Additionally, the veteran is granted a TDIU based on his service-connected disabilities.

The Board found that the veteran's respiratory disorder, including COPD, is not due to in-service asbestos exposure. The renal cell carcinoma may be presumed to have been caused by ionizing radiation exposure during service.,The veteran testified and provided evidence suggesting his current conditions are related to in-service exposures.

The Board has remanded the case due to additional development needed, including searching for service medical records and scheduling an examination. The veteran's claims for increased rating for rheumatic fever and service connection for arthritis and kidney disorder are pending.