Ischemic heart disease decisions — 2000

The veteran's claim for an increased rating for his service-connected arteriosclerotic heart disease with essential hypertension is being remanded due to the need for additional VA examinations and the retrieval of pertinent medical records.

The Board denied an evaluation in excess of 10 percent for rheumatic heart disease, finding that the evidence did not meet the criteria for such a rating.

The veteran's service-connected trench foot is found to have caused or aggravated his venous system disorders (thrombosis) and coronary artery disease. His death was also found to be related to the service-connected trench foot, contributing to liver failure.

The Board found that the evidence submitted by the appellant did not meet the criteria for reopening her claim of service connection for cause of death, as it was not new and material. The veteran's cause of death was a pulmonary embolism due to arteriosclerotic heart disease.

The Board denied the veteran's claims for service connection for coronary artery disease, increased ratings for degenerative disc disease and hiatal hernia with gastroesophageal reflux and erosive esophagitis, and a compensable rating for bilateral defective hearing. The veteran's heart condition is not linked to service or a service-connected disability. His back disorder does not meet the criteria for a higher rating under Diagnostic Codes 5292 or 5393. His hiatal hernia with gastroesophageal reflux and erosive esophagitis meets the criteria for a 10% rating, but his hearing loss is noncompensable.

The veteran's claims are being remanded for additional development, including obtaining medical records and scheduling examinations to assess his service-connected conditions.

The Board denied increased ratings for lumbosacral strain and bilateral tinea infections, and declined to reopen a claim for service connection for a heart disorder. The veteran's attorney entered into an agreement in November 1999 but the requirements for payment of attorney fees from past-due benefits have not been met.

The Board dismissed the veteran's claims for compensation benefits under 38 U.S.C.A. § 1151 due to an inadequate substantive appeal.

The Board has determined that the evidence submitted since the final denial is not new and material, thus denying the reopening of the claim for service connection for arteriosclerotic heart disease.

The Board finds that the medical evidence is in relative equipoise as to whether the veteran's current rheumatic heart disease with mitral stenosis began during service or was aggravated by additional episodes of illness during service. With resolution of all reasonable doubt in the veteran's favor, the criteria for service connection are met.

The Board has determined that the veteran's claim for an increased rating and effective date for his service-connected status post coronary bypass surgery is granted, with a current evaluation of 30 percent.

The veteran's disabilities do not meet the criteria for special monthly pension based on the need for regular aid and attendance. However, he is found to be housebound due to his age and disabilities.

The Board denied the veteran's claims for service connection for nicotine dependence, coronary artery bypass, postoperative, and multiple sclerosis as not well-grounded. The claim for multiple sclerosis was dismissed due to a failure to timely file a substantive appeal.

The Board denied the veteran's claims for special monthly compensation based on a need for aid and attendance or being housebound, as his service-connected disabilities do not render him unable to care for most of his daily needs without regular aid and attendance from others or render him unable to protect himself from the hazards and dangers incident to his daily environment.

The case is being remanded for additional development of the veteran's medical records, including those from VA and non-VA facilities. The appellant must provide more specific information regarding the veteran's treatment at St. Luke's Hospital in Houston.

The Board denied reopening the claim of service connection for heart disease, claimed as chest pain due to lack of new and material evidence.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for arteriosclerotic heart disease (ASHD) with hypertension (HTN) and angina, which was previously denied in April 1997. The reopening of the claim is based on a statement from Dr. Marquez indicating that the veteran first presented symptoms of high blood pressure and angina in February 1971, within one year of service.

The veteran's claims for service connection for various conditions, including an eye condition, heart disorder, GERD, hypertension, recurrent headaches, and intestinal disorder are not well-grounded. The Board denied these claims as the evidence does not support a finding of in-service disease or injury that could be linked to current disabilities.

The veteran's unauthorized medical expenses for a carotid doppler study on December 13, 1993 are denied as the required criteria for payment were not met.