Ischemic heart disease decisions — 2004

The Board found that new and material evidence has not been submitted to reopen the veteran's claim for service connection for hypertension, myocardial infarction, and coronary artery bypass surgery. The RO previously denied this claim in September 1994 on the basis that there was no evidence of onset within one year of discharge from service.

The Board has denied the veteran's claims for service connection for various conditions, including tinea versicolor, right knee disability, residuals of a nerve laceration along the radial aspect of the left index finger, back disability, and chronic headache disability. The RO granted service connection for coronary artery disease, left knee medial meniscal tear, traumatic arthritis of the right acromioclavicular joint, residuals of an arthrotomy of the first metatarsophalangeal joints of each foot with joint debridement for hallux limitus and degenerative joint disease, hemorrhoids, and anal fissure. The RO also denied entitlement to initial compensable disability ratings for these conditions.

The Board found that the veteran's coronary artery disease was not incurred in or aggravated by active service and denied his claim.

The Board has granted service connection for an arteriosclerotic heart disease disability, but denied service connection for a psychiatric disability, to include major depressive disorder and adjustment disorder with anxiety.

The Board denied service connection for the cause of the veteran's death, concluding that no service-connected disability caused or contributed to his death.

The Board has granted service connection for bilateral peripheral neuropathy as secondary to the veteran's service-connected diabetes mellitus.

The Board has ordered the VA to obtain the veteran's complete service medical and personnel records for his National Guard service, including those from periods of active duty for training. The veteran is also scheduled for a cardiology examination to determine if his heart disorder was aggravated by his ACDUTRA during his National Guard service.

The Board denied the claim for service connection for the cause of the veteran's death, concluding that cardiovascular disease was not incurred in or aggravated by his military service.

The Board has denied the veteran's appeals for service connection for blood clots and cancer, as well as his appeal for a temporary total disability rating under 38 C.F.R. § 4.30 following cervical spine surgery in 1995. The effective date of TDIU benefits was determined to be July 15, 1996.

The veteran is seeking service connection for various conditions, including peripheral neuropathy, arteriosclerotic heart disease, hypertension, and bilateral sensorineural hearing loss. The Board has determined that further development is needed to address these claims.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for coronary artery disease, status post bypass graft, with congestive heart failure due to alleged carelessness or negligence by VA in June 1996. The case is being remanded for further development and examination.

The Board denied the veteran's claims for service connection for heart disease, right ankle disorder, sinus disorders, bilateral hearing loss, and hemorrhoids.

The veteran's appeal has been withdrawn due to notification from the appellant requesting withdrawal of the appeal.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for heart disease due to herbicide exposure. The veteran's current heart disease is not proximately due to or the result of his service-connected diabetes mellitus.

The Board has ordered additional development to obtain medical records and opinions regarding the cause of the veteran's death, including his psychiatric disorders and coronary artery disease. The appeal is remanded for further action.

The veteran's hypertensive heart disease, now recharacterized as coronary artery disease, is manifested by symptoms of shortness of breath, chest pain and postoperative changes from a failed coronary bypass grafting. With resolution of reasonable doubt, the criteria for an initial evaluation of 100 percent have been met.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for coronary artery disease claimed as due to VA medical treatment, finding that there was no additional heart disability proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for a heart disorder as a result of treatment at a VA Medical Center in March 1999 was denied because the evidence did not show that his disability resulted from carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the VA.

The Board has determined that the veteran does not have a current right knee, left knee, or heart disease disability and that his hypertension was not present during service or related to service. As such, these claims are denied.

The Board has determined that the veteran's rheumatic heart disease does not warrant a disability rating in excess of 60 percent, and his TDIU claim is also denied as his service-connected condition does not preclude him from obtaining and retaining substantially gainful employment.