Ischemic heart disease decisions — 2005

The Board finds that the veteran's death was due to service-connected hypertension and coronary artery disease, which contributed substantially or materially to his demise. However, DIC benefits under 38 U.S.C.A. § 1318 are denied as the veteran did not have a total rating for 10 years prior to his death.

The Board denied the veteran's claims for service connection for coronary artery disease, obesity, and dental disorders. The evidence did not establish a link between these conditions and his military service.

The veteran is entitled to presumptive service connection for certain diseases based on his status as a former prisoner of war, provided he was interned or detained for at least 30 days.

The veteran's claims for increased evaluations for peripheral vascular disease of the right and left lower extremities, as well as ischemic heart disease, were denied by the Board. The evidence showed significant arterial stenosis in both legs and a history of claudication, but no specific service connection was made.

The Board has dismissed the appeal as the veteran died during the pendency of his case, and the RO is directed to vacate the February 2004 rating decision regarding the issues of entitlement to an evaluation greater than 60 percent for ischemic heart disease, a compensable evaluation for malaria, service connection for irritable bowel syndrome, and to reopen the previously denied claims for service connection for peptic ulcer disease, deafness, hypertension, pneumonia, and post operative neck surgery on the basis of the submission of new and material evidence.

The Board denied the claim for service connection for the cause of the veteran's death, finding that cardiovascular disease was not incurred in or aggravated by service and did not contribute to his death.

The Board denied the veteran's claim for service connection for coronary artery disease, finding that it was not incurred or aggravated in service and is not proximately due to or the result of his service connected diabetes mellitus.

The Board found that the veteran's death was not caused by, or substantially or materially contributed to by, a disability incurred in or aggravated by his active duty service.

The veteran's service-connected disabilities do not result in anatomical loss or use of both feet, one hand and one foot, or blindness in both eyes. His service-connected conditions have not resulted in helplessness requiring the regular aid and attendance of another.

The VA determined that the veteran's claimed conditions, including arteriosclerotic heart disease, hypertensive vascular disease, gastric ulcer, and major depressive disorder, were not incurred or aggravated by service. The decision is based on a lack of evidence linking these conditions to his military service.

The Board has determined that the veteran's death was caused by a disability incurred in active duty service, granting the claim for service connection for the cause of the veteran's death.

The veteran's appeal is being remanded for further evidentiary development, including obtaining additional medical records and addressing his claim for a schedular and extraschedular evaluation in excess of 30 percent for hypertension with coronary artery disease.

The Board found that the veteran did not financially abandon his former spouse and continued to contribute to her resources, including a rental property. The former spouse was dishonest about her income and assets, leading to an improper apportionment of benefits.

The Board has granted service connection for diabetes mellitus as secondary to the veteran's service-connected degenerative disc disease of the lumbosacral spine. The increased ratings for coronary artery disease and hypertension are also granted.

The Board has granted a rating of 30 percent for service-connected headaches, finding that the veteran's daily headaches are comparable to migraines with periodic exacerbations.

The Board has granted service connection for Môniére's syndrome with vertigo, hypertension, and coronary artery disease (CAD) as secondary to the veteran's service-connected otitis media.

The Board has remanded the case for further evaluation due to uncertainty regarding whether current symptoms are related to service-connected rheumatic heart disease.

The Board has determined that the veteran does not have residuals of heat exhaustion or coronary artery disease with status post-coronary artery bypass graft due to service. The claim for service connection is denied.

The Board has determined that the veteran's hypertension warrants a 20 percent rating from February 9, 2004. The issue of service connection for coronary artery disease is remanded to allow further development.

The veteran's claim for an increased disability rating for his service-connected aortic insufficiency/aortic stenosis, status post coronary artery bypass graft was granted. He also received special monthly compensation based on the need for regular aid and attendance or due to being housebound, but not for an earlier effective date.