Ischemic heart disease decisions — 2007

The Board denied service connection for a back disorder, valvular heart disorder, and arthritis. The claim to reopen the issue of service connection for swollen joints was also denied as new and material evidence had not been submitted. The veteran's nasal fracture with nasal deformity was granted service connection but assigned a noncompensable rating.

The Board denied the veteran's claims for service connection for arthritis of the right knee, heart disease, gastrointestinal disease, and pulmonary disease. The appeals were not about service connection at all, as they pertained to eligibility for non-service connected pension benefits.

The veteran's asbestosis is rated at 60 percent disabling from May 3, 2006. The Board found that the veteran's subjective complaints of shortness of breath and progressive dyspnea warranted a 30 percent rating prior to May 3, 2006, and a 60 percent rating thereafter.

The Board denied the veteran's claim for compensation for heart disease under 38 U.S.C.A. § 1151, and later granted the benefit in October 2003. The appellant sought payment of attorney fees by VA from past-due benefits awarded as a result of this grant, but the appeal is denied due to lack of legal merit.

The veteran is seeking service connection for a heart disability that he believes was caused by his service-connected post-traumatic stress disorder. The Board has determined that additional development, including obtaining medical records and scheduling the veteran for an examination, is necessary before this claim can be decided.

The veteran's claim for payment or reimbursement of unauthorized medical services provided by private facilities is being remanded due to the need for further development and review.

The Board finds that the veteran does not have a disability manifested by the residuals of hepatitis, as there is no clinical evidence of hepatitis.,There is also no service connection for heart disorder due to disease or injury incurred in or aggravated by military service.

The Board is requesting additional medical records and an expert opinion to determine if the veteran's death was caused by VA negligence during his emergency room visit.

The Board has granted service connection for PTSD and found that the veteran's current back disability, hypertension, heart disease, skin cancer, and PTSD are related to his military service. The claim for an initial compensable rating for bilateral hearing loss is pending.

The veteran's private cardiologist, Dr. Moraes, opined that the veteran's PTSD/depression had undoubtedly exacerbated his underlying coronary artery disease (CAD). The Board finds this opinion credible and grants service connection for CAD secondary to PTSD.

The Board found that the veteran's cardiovascular disorders, including coronary artery disease, hypertension, hyperlipidemia and aortic insufficiency, were not incurred in service or due to his service-connected rheumatic heart disease. The claim was denied.

The Board denied the veteran's claims for service connection for systemic nerve damage, stenosis of the lumbar canal with associated right sided sciatica and loss of use of legs with numbness, degenerative disc disease of the cervical spine, heart condition (claimed as heart palpitations), residuals of chronic prostatitis with retractable testicles, painful erection/ejaculation, and loss of use of a creative organ, and depression. The veteran's service-connected psoriasis was also denied for an increased rating.

The veteran is seeking service connection for a heart condition that he claims is secondary to his service-connected PTSD. The case has been remanded due to the need for proper VCAA notice.

The Board found that the veteran's heart condition, diagnosed as pericarditis, did not occur during active duty and is not related to service. The veteran also does not have a current heart condition related to his 1992 episode of pericarditis. For osteoarthritis of the knee, there is no evidence of such condition in service records or within one year post-service. Therefore, both claims for service connection were denied.

The Board has remanded the case to the RO for further action, including scheduling VA examinations and adjudicating increased rating claims and secondary service connection claims. The TDIU claim will be re-adjudicated after these actions.

The Board has determined that the veteran does not have a current diagnosis of heart disease, and therefore service connection for this condition is denied.

The veteran is seeking compensation under the 38 U.S.C.A. § 1151 for heart disease that allegedly resulted from VA medical care in March 1999. The case has been remanded to obtain additional records and determine if the veteran's heart condition was caused by VA negligence or lack of proper skill during his hospitalization.

The Board found that the veteran's left ventricular hypertrophy is aggravated by his service-connected stab wound to the chest with chronic chest pain syndrome, and granted a rating of 20 percent for the residuals of the service-connected stab wound. The claim for increased rating for PTSD was remanded.

The Board denied the veteran's claims for service connection for heart disease and higher evaluations for degenerative disc disease of the lumbosacral spine, finding no evidence to support these claims.

The veteran's claims for increased ratings have been denied. The Board found that the current ratings adequately reflect his symptoms and functional impairment.