Ischemic heart disease decisions — 2001

The Board found no indication of fraud, misrepresentation or bad faith on the part of the appellant. The COWC waived the overpayment for a portion and reduced the remaining amount to $7815.

The Board found that the veteran's claimed coronary artery disease and mitral valve prolapse were not incurred or aggravated during active service, nor could they be presumed to have been incurred due to exposure to Agent Orange. The evidence did not support a finding of service connection.

The Board has denied the veteran's claims for increased ratings for hypertension and ischemic heart disease, finding that the current ratings of 10 percent are appropriate based on the objective findings from examination and treatment.

The Board denied the reopening of the claim for service connection for a heart condition due to lack of new and material evidence. The appellant submitted medical records from 1976 to 1998, but none were considered significant enough to reopen the case.

The veteran's claims for service connection and TDIU are being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.

The veteran's claim for increased rating and total disability rating based on individual unemployability is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's rheumatic heart disease was manifested by left atrial enlargement, dyspnea on exertion, and congestive heart failure prior to January 12, 1998. The VA granted a rating of 100 percent for this condition effective August 27, 1995.

The veteran withdrew his appeals for the claims of ischemic heart disease, irritable bowel syndrome, and emphysema. He also withdrew his notice of disagreement regarding higher ratings for PTSD and peripheral neuropathy.

The Board denied the appellant's claims for service connection for heart disease with hypertension and diabetes mellitus, finding no evidence of in-service treatment or manifestation within one year of separation from honorable service.

The Board has denied the veteran's claim of service connection for a heart disorder, finding that there is no competent medical evidence linking his current heart condition to either service or his service-connected edema of the lower extremities.

The Board denied the veteran's claim for service connection for a heart disability, finding that there was no increase in severity of his preexisting systolic murmur during service and no evidence of cardiovascular disease within the first postservice year. The veteran's current heart problems are not related to service.

The veteran seeks service connection for coronary artery disease and atelectasis, which he claims are related to exposure to herbicides during his Vietnam service. The Board has determined that additional development is needed to determine the relationship between these conditions and active service.

The Board found no evidence of a direct relationship between the veteran's current heart disability and his service, including in-service murmurs. The VA examiner concluded that the post-service test results indicated that the veteran's murmurs were no longer present.

The appellant's total disability picture results in the need for regular and constant use of a wheelchair or other assistive device as a normal mode of locomotion. However, his service-connected disabilities do not result in loss of use of any extremity, thus he does not qualify for a certificate of eligibility for assistance in acquiring specially adapted housing.

The Board denied the appellant's request to reopen his claim for service connection for a heart disorder, finding that no new and material evidence had been submitted.

The Board of Veterans' Appeals has remanded the case due to incomplete service medical records and a need for additional development under the Veterans Claims Assistance Act of 2000. The veteran's claim for service connection for coronary artery disease remains denied.

The Board has denied the veteran's claim for service connection for a heart condition, secondary to his service-connected residuals of a tonsillectomy. The evidence does not support a finding that the current heart condition is related to the service-connected residuals of the tonsillectomy.

The Board denied an increased disability evaluation for the veteran's service-connected coronary artery disease with hypertension, rated as 30 percent disabling prior to April 12, 1997. The effective date of a 100 percent rating was also denied.

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

The veteran's appeal for service connection for arteriosclerotic heart disease and its residuals, which were claimed to be secondary to nicotine dependence and tobacco use during service, has been dismissed due to the death of the veteran.