Kidney disease Board decisions

The Board has determined that the veteran's right kidney transplant, post-operative residual of end-stage renal failure, does not meet the criteria for a disability rating in excess of 30 percent. The veteran's hypertension is currently rated at 10 percent and does not meet the criteria for a higher evaluation.

The Board has determined that the cause of the veteran's death was not related to his service or any service-connected disability, including exposure to herbicides. The claim for service connection for cause of death is denied.

The Board is unable to determine whether the claim for service connection should be reopened due to a lack of SSA records. The case is being remanded to obtain these records and then readjudicate the issues.

The Board found that the veteran's service-connected conditions did not cause his death, and thus denied both the claim for service connection for the cause of death and the DIC claim under 38 U.S.C.A. § 1318.

The Board has remanded the case due to a recent change in law regarding notification and because of missing terminal medical records. The claim will be reviewed again with consideration for possible service connection based on aggravation.

The Board has remanded the case for additional development, including obtaining a VA examination and medical opinion. The veteran is seeking service connection for hypertension and renal insufficiency secondary to his service-connected diabetes mellitus.

The Board denied the veteran's claim for an earlier effective date for service connection of retroperitoneal fibrosis, finding that no valid appeal was filed regarding the October 2002 rating decision denying service connection.

The veteran's service connection claims for various conditions, including diabetes mellitus type 2 and hearing loss, are granted based on presumed exposure to herbicide agents during his Vietnam-era service.

The Board found that the veteran's left kidney cancer and status post left nephrectomy were not incurred during service, as there was no evidence of a left kidney disorder in service or within one year after separation. The claim for increased rating for arthritis of the left knee with posterior cruciate ligament deficit will be remanded.

The Board found that the veteran's fatal conditions were not related to his service-connected diabetes mellitus, and thus denied service connection for the cause of death.

The VA denied the veteran's claim for service connection for hypertension, finding that it was not incurred in or aggravated by service and is not associated with his service-connected disabilities.

The veteran's unauthorized medical expenses for treatment at O'Connor Hospital from October 6, 2005 to November 3, 2005 are granted as the VA facilities were not feasibly available and no prior authorization was given.

The veteran's unauthorized medical expenses incurred from April 9, 2005 to April 12, 2005 were not reimbursable as the treatment was non-emergent in nature and VA facilities were not feasibly available.

The veteran's chronic renal insufficiency due to focal segmental glomerulosclerosis is found to be related to his service-connected low back and foot disorders, which required the use of NSAID medications. As such, the claim for service connection is granted.

The Board has determined that the veteran's major depressive disorder, hepatitis C, liver condition, and kidney condition are related to his service. The veteran's claims for post-traumatic stress disorder, bilateral hearing loss, tinnitus, and a lung disorder have not been established.

The Board has determined that the effective date for the grant of service connection for the cause of the veteran's death cannot be earlier than October 7, 2004 due to the liberalizing change in law and the appellant's failure to appeal prior decisions.

The veteran's death was caused by liver cirrhosis due to alcoholism and chronic granulocytic leukemia, both of which are not related to service. The Board denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's claims for service connection are denied as there is no evidence to support a finding of an in-service event, injury, or illness that would be etiologically related to his current conditions.

The Board found that the veteran's death was not caused by any service-connected disability, and thus denied the claim for service connection for the cause of his death.

The veteran's renal insufficiency has not met the criteria for a higher rating since June 15, 2001.