Ischemic heart disease decisions — 2001

The Board found that the veteran's heart disease was not present during service or within a year of separation, and thus could not be presumed to have been incurred in service. The claim for service connection was denied.

The Board has determined that the cause of the veteran's death is not related to his military service, and thus denied the claim for service connection.

The veteran's ischemic heart disease is manifested by angina even at rest, meeting the criteria for a 100 percent evaluation.

The veteran's disabilities do not render him unable to care for most of his daily personal needs without assistance from others, nor do they render him unable to protect himself from the hazards and dangers incident to his daily environment. The criteria for an award of special monthly pension benefits based on the need for regular aid and attendance or by reason of being housebound have not been met.

The Board denied the claim of service connection for the cause of the veteran's death, finding that the veteran did not have a service-connected disability and that his diabetes, which was present at least six months prior to diagnosis in December 1964, did not contribute substantially or materially to his death.

The veteran's major depression is rated at 50 percent, his arteriosclerotic heart disease remains at 60 percent, and his bilateral hearing loss does not meet the criteria for a compensable rating. The veteran's TDIU claim was denied as he already has a schedular 100 percent rating.

The veteran's appeal has been dismissed due to his death, and the claims for service connection for heart disease as secondary to pulmonary tuberculosis, an increased rating for bilateral maxillary sinusitis, and an increased rating for pulmonary tuberculosis are all dismissed.

The Board found no new and material evidence to reopen the claim of entitlement to service connection for coronary artery disease as secondary to a service-connected psychosis. The veteran's current coronary artery disease is not proximately due to, the result of or aggravated by his service-connected psychosis. The criteria for an evaluation in excess of 50 percent for psychosis with encephalopathy associated with organic brain syndrome due to trauma have not been met.

The Board has denied the veteran's claims for increased evaluations for various service-connected disabilities, including coronary artery disease, degenerative disc disease of the cervical and lumbar spine, carpal tunnel release of both wrists, hemorrhoids, repair of anal fissure, removal of colon polyps, plantar fasciitis of the right foot, residuals of cholecystectomy, residuals of appendectomy, and bilateral hearing loss.

The Board found that the veteran's claim for an effective date earlier than March 18, 1998 was legally impossible due to lack of factual ascertainability within one year prior to his application. The earliest effective date granted by the RO is March 18, 1998.

The Board has determined that the appellant's coronary artery disease, including myocardial infarction, was incurred during inactive duty training and is therefore service-connected.

The Board denied the veteran's claims of entitlement to service connection for ischemic heart disease, malaria, and residuals of Agent Orange exposure. The Board found no evidence linking these conditions to active duty.

The Board determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a heart disorder. However, despite the veteran's assertions, there is no medical evidence showing that his pre-existing congenital heart disorder became worse during service beyond its natural progression.

The Board finds that the veteran's service-connected bilateral pes planus could aggravate his low back pain, resulting in a grant of secondary service connection for low back disability.

The Board finds that the appellant's claim for accrued pension benefits was filed in a timely manner, and that the requirements for entitlement to accrued benefits based on the veteran's entitlement to increased disability pension benefits during the income reporting year immediately prior to his death due to exclusion of unreimbursed medical expenses from countable income are met.

The Board found that the evidence did not support a grant of entitlement to service connection for hypertension and coronary artery disease as secondary to service-connected PTSD.

The Board found that the appellant did not timely submit a substantive appeal regarding the December 1996 rating decision, and thus the decision is final.

The Board has granted service connection for the cause of the veteran's death due to his service-connected ischemic heart disease, which contributed substantially or materially to his death. The DIC claim under 38 U.S.C.A. § 1318 is not addressed as the primary issue has been resolved in favor of the appellant.

The veteran's cause of death was granted, and DIC benefits were awarded to the appellant starting from September 22, 1999, which is considered as the effective date due to the VA's duty to provide an application form for DIC benefits.

The veteran's appeal was denied for basic entitlement to nonservice-connected pension benefits, service connection for heart disease, and service connection for an acquired psychiatric disorder including paranoid schizophrenia. The denial of service connection is due to the veteran having congenital defects that pre-existed his military service.