Ischemic heart disease decisions — 2006

The Board denied service connection for a heart disability, hearing loss, and tinnitus. The veteran's claim of service connection for hypertension and acquired psychiatric disability was not reopened due to lack of new and material evidence.

The Board found that VA did not commit an error in judgment by prescribing Xanax, and the death was not caused by a disease or injury suffered as a result of medical treatment provided by VA. The cause of death is listed as multiple drug intake with previous cocaine use.

The veteran's claim for special monthly pension on account of being housebound or needing the aid and attendance of another person was denied as he does not meet the criteria for either benefit.

The veteran's service connection for coronary artery disease was granted, and his increased evaluation for bilateral hearing loss prior to May 26, 2003 was denied. His current rating of 10 percent for bilateral hearing loss from May 26, 2003 onwards is upheld.

The Board has determined that the veteran's heart disorder, ventral hernia, and COPD were not incurred or aggravated during service. The claim for a low back disorder was previously denied and new and material evidence had not been received to reopen it.

The Board found that the veteran's hypertension and arteriosclerotic heart disease do not meet or approximate the criteria for a higher disability rating under the applicable diagnostic codes.

The VA determined that the veteran's service-connected residuals of encephalitis did not cause or contribute to his death, and denied both the claim for service connection for cause of death and eligibility for Dependents' Educational Assistance benefits.

The Board has determined that the evidence is at least in equipoise as to whether the veteran has a current heart disability. The claims for PTSD, tremors of the hands, right knee injury, and reopening of psychiatric (other than PTSD) and neck injuries were denied.

The Board has determined that the veteran does not have a current right flank disability and therefore, service connection for this condition is denied. The issue of service connection for coronary artery disease (CAD) remains pending.

The veteran's death was caused by renal failure, but his service-connected disabilities did not cause or contribute to the cause of death. The appellant is also denied DIC benefits under 38 U.S.C.A. § 1318 as he did not meet the criteria for receiving such benefits.

The Board has granted the appellant's claims for accrued benefits, effective January 26, 1994, based on the Nehmer decisions. The veteran died from a covered herbicide disease (Type II Diabetes Mellitus).

The Board finds that the appellant's service-connected PTSD caused or aggravated his hypertension, coronary artery disease and stroke residuals. As such, these conditions are granted as secondary to PTSD.

The Board has remanded the case due to the need for additional medical examinations and review of records.

The Board found that the veteran did not meet the criteria for service connection for an organic heart disease or cardiac symptoms due to an undiagnosed illness, as there were no objective indications of such conditions and the evidence did not support a finding of causation.

The Board has determined that the veteran's service-connected anxiety reaction with depressive features aggravated his coronary artery disease, and thus grants service connection for the coronary artery disease as secondary to the service-connected condition.

The Board found that the VA outpatient care did not result in the veteran's death, and concluded that there was no evidence of negligence or lack of proper skill on the part of VA. The cause of death was attributed to a ruptured atherosclerotic plaque.

The Board has denied all claims for service connection, finding that new and material evidence was not submitted to reopen any of the previously denied claims.

The veteran's death was not caused by VA treatment, and the appellant does not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Board denied the veteran's claim for service connection for arteriosclerotic heart disease with a history of myocardial infarction, to include rheumatic heart disease, finding that there was no evidence showing an in-service injury or disease and insufficient evidence linking current disability to service.

The Board has determined that the evidence and information currently of record are sufficient to substantiate the grant of service connection for hypertension as a separate ratable entity. The veteran's claim for an increased rating for coronary artery disease with left ventricular hypertrophy is addressed in the REMAND portion.