Ischemic heart disease decisions — 2001

The veteran's service-connected post-traumatic stress disorder contributed to his fatal coronary artery disease, which was the cause of his death. Service connection for the cause of death is granted.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that his death was not caused by any service-connected disability.

The veteran's claim for nonservice-connected pension benefits was denied due to insufficient medical evidence and his failure to comply with VA's efforts to obtain the necessary evidence.

The veteran's service-connected cardiovascular disability, specifically status post myocardial infarction and ischemic heart disease, is rated at 100 percent due to the results of exercise tolerance testing showing dyspnea on a workload of less than 3 METs.

The Board found that the veteran's current heart disorders are not proximately due to or aggravated by service-connected asbestosis.

The veteran's claim for a permanent and total rating for pension purposes was denied due to his failure to report for a scheduled VA examination. The RO noted that the veteran had been advised of the consequences of failing to appear for the examination, but did not provide this information in detail.

The veteran's need for regular aid and attendance due to his severe psychiatric impairment, pain, nervousness, anxiety, and impairments of concentration and memory has been established. The Board finds that the evidence supports granting special monthly pension based on this need.

The Board denied the veteran's claims for compensation benefits under 38 U.S.C.A. § 1151 due to lack of evidence showing that his current disabilities are related to treatment at a VA facility.

The Board found no evidence of a current heart disorder related to the veteran's military service, and thus denied his claim for service connection.

The Board denied the veteran's claim of service connection for coronary artery disease, finding that there was no evidence linking the condition to his military service.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for heart disease with hypertension. The preponderance of the competent and probative evidence is against finding that this condition was incurred in or aggravated by service.

The veteran's death was not caused by any VA treatment or negligence, and the cause of death was natural.

The Board has determined that the veteran's rheumatic heart disease warrants a 60 percent evaluation, which is higher than the current 30 percent rating. The evidence shows that his ejection fraction was in the 48-55 percent range and his workload was around 7 METs.

The Board denied the veteran's claims for service connection for headaches and an increased evaluation for hypertension with hypertensive heart disease, finding that his substantive appeals were not timely filed. The claim for a total rating based on individual unemployability due to service-connected disability was also denied.

The veteran's appeal is being remanded due to a change in the law, specifically the Veterans Claims Assistance Act of 2000 (VCAA). The case will be reviewed again with consideration of recent changes in the law and additional notification as required by the VCAA.

The Board has determined that the veteran's death was caused by his pre-existing conditions, specifically malignant hypertension and hypertensive kidney disease. The failure to provide timely dialysis hastened his death.

The veteran's conditions do not render him in need of regular aid and attendance due to his ability to perform daily functions independently.

The Board denied the veteran's claim for payment or reimbursement of unauthorized medical expenses incurred during his private hospitalization from July 26 to July 30, 1995. The treatment did not involve an adjudicated service-connected disability.

The veteran's claims for service connection, TDIU, and increased PTSD ratings were denied by the RO. The case is being remanded to complete necessary development.

The veteran's arteriosclerotic heart disease is currently rated at 60 percent and the claim for special monthly compensation based on need for regular aid and attendance or housebound rate is granted.