Ischemic heart disease decisions — 2007

The Board dismissed the claim of clear and unmistakable error (CUE) in a September 1995 rating decision that assigned a 30 percent rating for status post mitral valve replacement secondary to rheumatic heart disease. The veteran's and his representative argued that there was CUE because they believed VA should have considered a February 1993 medical treatment record from the Wenatchee Valley Clinic in Moses Lake, Washington, which suggested a higher disability evaluation. However, the Board found no evidence of constructive possession by VA of this document at the time of the September 1995 rating decision and dismissed the claim without prejudice.

The Board denied service connection for presbyopia with astigmatism, hypertension, heart condition, back condition, rib injury, and right shoulder injury. The skin disorder claim is pending as the RO has not yet issued a statement of the case.

The Board found no evidence of a heart condition during the veteran's first period of active duty service and determined that it did not have its onset within one year post-service. The myocardial infarction occurred prior to his second period of active duty, which was not shown to aggravate the pre-existing condition.

The veteran's cause of death was related to his service-incurred hypertensive heart disease. The appellant seeks an earlier effective date for DIC benefits and accrued benefits, but the claim is denied as there were no pending claims at the time of the veteran's death.

The veteran's fractured right 5th metacarpal is currently rated as 10 percent disabling.,The veteran's right herniorrhaphy residuals are not service-connected and do not warrant a compensable rating.,Heart disability (presumed coronary artery disease) was not incurred in or aggravated by active duty, nor may such incurrence or aggravation be presumed.,Hypertension was not present within a year of service discharge and is not etiologically related to service.,A respiratory disorder was not present in service and is not etiologically related to service.

The Board denied the veteran's claims for increased evaluations for arteriosclerotic heart disease and arthritis of the right elbow, finding that the evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

The Board finds that the preponderance of evidence is against finding a direct relationship between the veteran's coronary artery disease and hypertension, and his service. The veteran was exposed to Triocytel Phosphate during Project SHAD but there are no medical records indicating any connection to these conditions.

The Board has determined that the veteran's current cardiovascular disease, including hypertension and arteriosclerotic heart disease, was not incurred in or aggravated by active service and may not be presumed to have been incurred therein. The Board also found that the cardiovascular disability is not proximately due to or the result of service-connected diabetes mellitus.

The veteran's initial claim for a higher rating for coronary artery disease was denied prior to February 20, 2004.,From February 20, 2004, to August 4, 2005, the veteran received a disability rating of 30 percent. The Board remanded this case again in March 2005 and increased the rating to 60 percent effective August 5, 2005.,The veteran's claim for a higher rating beyond 60 percent was denied.

The Board has denied the veteran's claim for service connection for a cardiovascular disability, as there is no evidence of a current heart disorder related to his military service.

The veteran's appeal has been dismissed due to his death.

The Board has determined that the veteran's death was due to a service-connected disability (PTSD) and therefore, service connection for the cause of death is granted. The DIC benefits claim under 38 U.S.C.A. § 1318 is moot as the appellant did not contest this aspect in her appeal.

The veteran's appeal is being remanded due to procedural issues and the need for a VA opinion regarding his respiratory disorder.

The Board has determined that a remand is necessary to address the veteran's claims for service connection due to conflicting medical opinions regarding PTSD, potential need for additional evidence from SSA, and incomplete notification of the claimant.

The Board found that none of the conditions causing the veteran's death were service-connected.

The Board denied service connection for a heart disability and denied increased ratings for various disabilities, including carpal tunnel syndrome, shoulder tendinitis, ankylosing spondylitis of the elbow, cervical spine with fusion, and lumbar spine.

The Board has denied the veteran's claims for service connection for hypertension and coronary artery disease secondary to hypertension, finding no evidence of a nexus between these conditions and his military service.

The Board denied the reopening of a claim for service connection due to lack of new and material evidence.

The Board denied an increased rating for the veteran's service-connected coronary artery disease, currently rated at 30 percent.

The Board denied the veteran's claim for service connection for coronary artery disease, finding that it was not incurred in or aggravated by his active or reserve service and is unrelated to any aspect thereof, including exposure to herbicide agents.