Ischemic heart disease decisions — 2005

The Board denied service connection for various conditions, including heart condition, rubella, bilateral hearing loss, and other injuries. The evidence did not support a finding of direct service connection.

The Board has remanded the case for additional development due to new evidence and procedural issues.

The VA denied the claim for service connection of the cause of death due to atherosclerotic heart disease and COPD, as there was no evidence linking these conditions to the veteran's military service.

The Board found that the veteran's organic heart disease and hypertension were not incurred in or aggravated by service, and neither disorder was presumed to have been incurred due to exposure to Agent Orange or other environmental factors. The claims for service connection were denied.

The veteran's service-connected hypertension and coronary artery disease are currently rated at 10 percent, while his disability of the lumbar spine is rated at 20 percent prior to September 26, 2003. The Board finds that these ratings adequately reflect the current level of disability.

The Board has granted service connection for atherosclerotic heart disease as secondary to the veteran's service-connected diabetes mellitus. The veteran also received increased ratings for his peripheral neuropathy and erectile dysfunction.

The Board denied the veteran's claims for service connection of diabetes mellitus, diabetic retinopathy, hypertension, and coronary artery disease, finding no evidence linking these conditions to his military service or herbicide exposure.

The Board found no evidence of a verified in-service stressor for PTSD, and the VA examiner did not diagnose PTSD. The veteran's claimed conditions are not service-connected.

The veteran's claims for service connection for Type II diabetes with retinopathy and nephropathy, as well as for hypertensive heart disease, were denied. The Board found no evidence of these conditions during or within one year after the veteran's period of active service.

The Board denied the veteran's claims for service connection for heart disease and pulmonary tuberculosis, finding no evidence of these conditions in service or within the presumptive period following service.

The Board denied the veteran's claims for earlier effective dates for service connection due to clear and unmistakable error in both the June 1967 rating decision and the January 1944 denial letter, finding no CUE.

The Board has determined that the evidence is in equipoise regarding whether the veteran's current heart disorder is related to his service-connected diabetes mellitus type 2. As such, the benefit of doubt is granted, and the claim for secondary service connection for a heart disorder is granted.

The Board has denied the veteran's claim for service connection for coronary artery disease, as secondary to his service-connected pulmonary asbestosis. The VA examinations and medical opinions did not find a link between the two conditions.

The Board finds that the veteran's cardiovascular disease, including residuals of myocardial infarction and coronary artery disease, was not incurred in or aggravated by active service. The VA examiner opined it would be pure speculation to relate the veteran's onset of cardiovascular disease to his military service.

The veteran's service-connected coronary artery disease status post myocardial infarction and bypass graft warrants a 100 percent disability rating, precluding more than sedentary employment.

The Board found that the veteran knowingly submitted fraudulent medical certificates in pursuit of his claims, leading to a forfeiture of all rights and benefits under VA laws.

The Board has denied the veteran's claims for service connection for heart disease and bladder cancer, both claimed as secondary to tobacco use in service.

The veteran's claims for increased disability ratings for coronary artery disease and hypertension have been denied as the evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case due to incomplete records and a need for further examination.

The veteran's appeal is being remanded due to his request for a personal hearing before a Veterans Law Judge at the RO in Huntington, West Virginia.