Kidney disease Board decisions

The Board is considering whether new and material evidence has been submitted to reopen the veteran's claims for service connection for a left nephrectomy due to radiation exposure in service, as well as for a growth on his right kidney. The issues are considered 'mixed' because some aspects of the claim may be granted while others are denied.

The veteran's claim for reimbursement of unauthorized medical expenses incurred at Homestead Hospital on May 5, 1999 is granted due to the evidence being in equipoise as to whether VA facilities were feasibly available and an attempt to use them beforehand would have been reasonable, sound, wise, or practical.

The VA is instructed to obtain additional medical records and information regarding the veteran's exposure to chemicals during his service. If confirmed, a toxicology expert will be consulted to determine if there is any association between the veteran's renal carcinoma and chemical exposure. The case will then be returned for further consideration.

The Board has ordered additional development to determine the cause of the veteran's death and whether his treatment for service-connected disabilities contributed to his suicide.

The veteran's claim for an increased rating for diabetes mellitus was granted, and the effective date is set to May 3, 2001.

The Board denied the veteran's claims of service connection for kidney stones, depression, and a back disorder due to lack of new and material evidence.

The veteran's disabilities render him unable to independently care for his daily personal needs on a regular basis without assistance from another person, meeting the criteria for special monthly pension by reason of being in need of aid and attendance.

The Board denied the veteran's claim for service connection for the cause of his death, finding that there was no evidence linking his renal failure and aspiration pneumonitis to service or any exposure during service.

The veteran's claim for an effective date earlier than September 18, 1998 for a 100% evaluation for the service-connected post operative left nephrectomy with focal sequential glomerulonephritis, right kidney was granted. The earliest date on which it was factually ascertainable that the veteran was entitled to this rating is now show to have likely been in January 1995.

The veteran died of bilateral renal cancer with metastases and was not in receipt of VA compensation or pension benefits at the time of his death. Therefore, he is denied nonservice-connected burial benefits.

The Board has reopened the claim of service connection for a kidney and prostate disorder. The new evidence supports this reopening, as it indicates that the veteran's current conditions are related to his military service. Service connection is granted for residuals of a cold injury and PTSD and depression. However, service connection cannot be established for arthritis of the lumbosacral spine with herniated nucleus pulposus due to lack of medical evidence demonstrating an in-service event or chronic condition.

The Board has determined that the veteran's kidney disorder with renal failure is a direct result of his active service, and thus grants service connection for this condition.

The veteran's nonservice-connected disabilities, including anxiety disorder with depression and hypertension, do not render him unemployable for pension purposes.

The Board has determined that the veteran failed to report for a VA examination scheduled in conjunction with his claim for an increased evaluation for recurrent renal stones with a left renal cyst. As a result, the claim is denied.

The Board denied service connection for abdominal pain, bladder infection, and kidney infection (all claimed as due to undiagnosed illness) and an increased rating for lumbosacral strain.

The veteran died of a heart attack, but there is no evidence that his service-connected conditions caused or contributed to his death. The Board denied the claim for service connection for cause of death on both direct and secondary bases.

The veteran seeks service connection for various conditions, including hypertension, kidney stones, a skin rash, and post-traumatic stress disorder. The case is being remanded to obtain additional development regarding the presence of these conditions and their relationship to service.

The veteran's claim for an increased evaluation for polycystic kidney disease was granted, with a current rating of 30 percent.

The veteran's spouse, who is disabled and requires assistance with daily activities such as dressing and going in/out of the house, does not meet the criteria for aid and attendance benefits due to her limited functional limitations.

The VA denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during his hospitalization at St. John Medical Center due to lack of evidence showing that a Federal facility was not feasibly available and that treatment could not have been refused.