Ischemic heart disease decisions — 2004

The Board has remanded the case for further development, including a VA examination to determine if ischemic heart disease caused or aggravated CVA residuals. The veteran's claim of service connection for CVA residuals is inextricably intertwined with the SMC claim.

The veteran's claim for non-service connected pension benefits was denied as he did not meet the basic service eligibility requirements. The appeal of compensation under 38 U.S.C.A. § 1151 for a heart condition from treatment at the VA Medical Center, Jackson, Mississippi, is pending.

The Board denied the veteran's claims for service connection for hypertension and heart disability secondary to his service-connected anxiety reaction, finding that there was no evidence of a direct relationship between these conditions and his active duty service.

The veteran's claim to reopen the issue of entitlement to TDIU benefits prior to May 1, 1998 is denied as it is legally insufficient.

The Board has denied the veteran's claims for service connection for coronary artery disease and chronic obstructive pulmonary disease, finding no evidence of a nexus to his military service.

The Board found no evidence of a heart disorder or otitis media in service, and the preponderance of the evidence does not support a finding that these conditions are related to service. The appeal is denied.

The Board found that the veteran's service-connected PTSD did not cause his death, and there was no evidence linking any other condition to his death. The claim for Chapter 35 benefits also lacks legal merit.

The Board has determined that additional actions are required to ensure compliance with the Veterans Claims Assistance Act of 2000 and other applicable laws. The claims will be remanded for further development.

The veteran's appeal is being remanded for further development of his claim, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected coronary artery disease.

The Board denied the veteran's claims of service connection for depression, heart disability, arthritis, low back pain, chest disability (to include respiratory disability), and skin disorder. The reasons were that there was no competent evidence linking these conditions to active duty or a service-connected condition.

The Board found that the veteran does not have current residuals of rheumatic fever or current rheumatic heart disease, and thus denied both claims.

The VA denied the veteran's claim for an increased evaluation of his rheumatic heart disease with mitral stenosis, as the evidence did not meet the criteria for a higher rating.

The Board denied the veteran's claim of service connection for coronary artery disease and hypertension, finding that there was no evidence of these conditions during his active duty periods.

The Board has reopened the veteran's claim and determined that new evidence supports a finding of service connection for coronary artery disease, which was initially present during his military service.

The Board granted the veteran's request for waiver of recovery of his overpayment in the amount of $3,753 from his nonservice-connected pension benefits due to financial hardship and lack of fault on the part of the veteran.

The Board denied service connection for glaucoma, asthma due to tobacco use or nicotine dependence, heart disease including hypertension secondary to tobacco use or nicotine dependence, and nicotine dependence. The veteran's trichophytosis of the feet was granted a compensable evaluation.

The Board denied the veteran's claims for service connection for various conditions, including coronary artery disease, lung cancer, alcoholism, and a psychiatric disorder, all claimed as secondary to tobacco use. The Board also denied his claim for an earlier effective date for the grant of service connection for asbestosis.

The Board found that the veteran's heart condition and nervous condition are not proximately due to or the result of his service-connected migraine headaches.,The veteran is not precluded from obtaining and retaining substantially gainful employment due to his service-connected disabilities.

The veteran's death was due to atherosclerotic heart disease, dementia, and pneumonia. These conditions were not present in service or manifest within one year of discharge. The Board denied the claim for service connection for the cause of death as there is no evidence linking these conditions to his military service or service-connected disabilities.

The veteran's claims for service connection were denied as there is no evidence of chronic disabilities related to his military service.