Ischemic heart disease decisions — 2004

The Board has determined that the VA's duties to notify and assist have not been fulfilled regarding the issue of service connection for coronary artery disease and hypertension as secondary to the service-connected diabetes mellitus. The case is being remanded for further development.

The Board denied the veteran's motion to grant an earlier effective date for service connection due to clear and unmistakable error (CUE) in a January 1996 decision. The Board found that the correct facts were before them, and they correctly applied the relevant regulations.

The Board denied the veteran's claim of service connection for various respiratory and other conditions, including laryngitis, bronchitis, corneal opacities, arthritis, enlargement of the testicles, ischemic heart disease, diabetes, congestive heart failure, and cor pulmonale, as secondary to mustard gas exposure during active military service. The Board found that there was no verified full-body mustard gas exposure and that medical evidence did not show these conditions were due to mustard gas exposure or incurred coincident with service.

The Board has determined that the veteran's death was caused by heart disease, which is presumed to have been aggravated during his time as a prisoner of war. The Board granted service connection for the cause of the veteran's death.

The veteran's appeal was dismissed because he died during the pendency of his appeal, and the Board does not have jurisdiction to adjudicate the merits of a deceased person's claim.

The Board denied service connection for the cause of the veteran's death due to a lack of pending claims at the time of his death and failure to file an accrued benefits claim within one year of his death.

The Board has determined that the veteran does not have a currently diagnosed organic heart disorder or chronic fatigue syndrome, and therefore service connection for these conditions is denied. The RO granted service connection for arthralgia of the right knee, left knee, and post-traumatic bicipital tendonitis of the left shoulder but did not assign any disability ratings.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for coronary artery disease, which was previously denied in April 1992. The veteran's private cardiologist provided an opinion suggesting that his coronary artery disease may have been present at least two decades before the first bypass surgery in 1987.

The Board denied the veteran's claim for service connection for his cause of death and accrued benefits due to lack of evidence linking his conditions to military service.

The Board denied the veteran's claims for service connection for coronary artery disease and bilateral knee/hip osteoarthritis, finding that there was no evidence of a direct relationship to his period of active service or to any service-connected conditions. The decision also noted that the veteran did not meet the requirements for TDIU.

The veteran's appeal was dismissed due to his death, and no service connection decisions were made.

The Board has granted the severance of service connection for history of rheumatic heart disease with superimposed coronary artery disease, effective August 1, 2002. The veteran's claim was reopened based on new evidence.

The Board has determined that a VA examination is required to determine if the veteran's heart disorder began during his military service. The claim for service connection for a heart disorder was denied.

The VA determined that the veteran's coronary artery disease does not warrant a rating higher than 30 percent, as his symptoms do not meet the criteria for a higher evaluation.

The Board denied service connection for heart disease, hypertension, and a psychiatric disability due to lack of evidence linking these conditions to service or service-connected disabilities. Service connection was not granted on the basis of exposure to herbicides.

The Board denied the veteran's claim for service connection for a heart disorder, including residuals of a CVA and cardiomyopathy, finding no evidence linking these conditions to his active military service.

The Board has remanded the case due to the need for additional medical records and a VA examination.

The Board is remanding the case to the RO for additional development due to a violation of VCAA requirements.

The Board denied service connection for the cause of the veteran's death and found that the appellant did not have legal entitlement to accrued benefits due to lack of pending claims at the time of his death.

The Board found that the veteran did not have a heart disorder during service and there is no evidence of its onset within one year post-service. The current condition was not related to his military service.