Ischemic heart disease decisions — 2000

The Board has granted the veteran's request to reopen his claims for service connection for heart disease and stroke with memory loss, both of which are presumed due to exposure to Agent Orange during military service.

The VA denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 due to a finding that there was no evidence of carelessness, negligence, lack of proper skill, error in judgment or similar fault on the part of VA in providing care resulting in additional disability.

The Board has reopened the claims for right and left carpal tunnel syndrome, a heart disorder (pathology to include atrial arrhythmia), and hypertension. The veteran's current diagnoses are found more likely related to his active military service.

The veteran's claim of service connection for a heart disability is being remanded due to the need for additional development, including obtaining relevant medical records and scheduling a VA examination.

The veteran's death was caused by a service-related disease, coronary artery disease. Service connection for the cause of the veteran's death is granted.

The veteran's non-service-connected disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status. The right knee degenerative joint disease was not found to be service-connected.

The Board has remanded the case to the RO for consideration of new VA medical records regarding the veteran's cardiac status, as the veteran waived consideration of this evidence. The RO will then readjudicate the claim and provide a supplemental statement of the case if necessary.

The veteran is granted a permanent and total disability rating for pension purposes due to his service-connected disabilities, which include panic attacks, coronary artery disease, hypertension, subacromial bursitis with degenerative joint disease of the shoulders, hemorrhoids, and costochondritis. The combined disability evaluation is 40 percent.

The Board denied the veteran's claims for an increased evaluation for rheumatic heart disease and a total rating based on individual unemployability due to service-connected disability. The veteran was found not to meet the percentage requirements for a total rating under 38 C.F.R. § 4.16(a), but his case is considered well-grounded under 38 U.S.C.A. § 5107(a) and VA policy.

The veteran's claim for a TDIU rating is being remanded due to the need for further VA examination and additional medical records.

The RO denied service connection for bilateral hearing loss, a bilateral knee disability, and a heart disability due to lack of well-grounded claims. The case is being remanded for further development.

The Board denied the veteran's claims for service connection for atherosclerotic/atherosclerotic heart disease due to lithium therapy prescribed for his bipolar disorder and for a total rating by reason of individual unemployability due to service-connected disabilities. The appeals were based on direct service connection, not involving any presumption or secondary service connection.

The Board found that new and material evidence had not been submitted to reopen the claim for secondary service connection for a heart disorder resulting from a below-the-knee amputation of the left leg. The veteran's claims were denied.

The Board found that the veteran's claim for service connection for coronary artery disease as secondary to PTSD was not timely appealed, and thus lacked appellate jurisdiction. The veteran's PTSD is currently rated at 30 percent.

The Board has determined that the veteran's service-connected heart disorder with hypertension warrants a 30 percent rating since October 1, 1991.

The veteran's hypertensive heart disease, hypertension; renal insufficiency, and Nephrotic syndrome were rated at 60 percent disabling in an August 1998 rating decision. The RO clarified that the correct evaluation is now 100 percent disabling since April 17, 1995.

The Board denied the appellant's claim for additional dependency and indemnity compensation under 38 U.S.C.A. § 1311(a)(2) as her husband had not been rated at a 100% disability level for eight or more years prior to his death.

The Board has determined that the veteran's heart disease is related to his service-connected nicotine addiction, and thus grants service connection for this condition.

The veteran's claim for an increased rating for his service-connected rheumatic heart disease was denied by the RO, with a final evaluation of 30 percent.

The Board denied service connection for a heart disorder and hypertension, finding that the diagnoses were not established in service or within one year of service.