Ischemic heart disease decisions — 2008

The veteran's hypertension and coronary artery disease have been granted initial ratings, with the hypertension receiving a noncompensable rating and the coronary artery disease receiving a 60 percent rating. The lumbar spine degenerative disc disease has received an initial 10 percent rating.

The Board found that the veteran's service-connected disabilities did not cause or contribute to his death, and there was no evidence of radiation exposure in service. The Board denied the claim for service connection for the cause of the veteran's death.

The veteran's claims for service connection for residuals of infectious hepatitis, including a liver condition and swelling of both the right and left legs, as well as for supraventricular tachycardia (claimed as a heart condition), are being remanded to allow for further development.,Additional private medical records from Dr. Fewell dating back to the veteran's time of retirement are needed.

The Board has remanded the case to the RO for initial consideration of new SSA records, as the appellant did not waive initial consideration by the RO.

The veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this claim.

The Board denied the veteran's claim for service connection for cause of death and found that there was no clear and unmistakable error in severing his service connection for rheumatic heart disease. The Board concluded that the correct facts were not before the RO at the time, but did not find CUE.

The veteran's appeal is being remanded due to the need for issuance of a Statement of the Case (SOC) addressing his increased evaluation for arteriosclerotic heart disease with hypertension, and an effort should be made to obtain SSA records related to his cardiovascular disability.

The Board denied the veteran's claims for service connection for fibromyalgia, arthritis of multiple joints (including degenerative changes of the cervical spine), a heart condition (claimed as arteriosclerotic heart disease), hypertension, and a chronic disability manifested by weakness of the extremities. The preponderance of the evidence is against a finding that any of these conditions were incurred in or aggravated by service or are related to a service-connected disability.

The Board has remanded the case for further development due to incomplete consideration of the veteran's claims, including a need for medical opinions and issuance of an SOC.

The Board has granted service connection for PTSD and found that the veteran's current symptoms are related to his active duty service. The claim for secondary coronary artery disease due to diabetes mellitus is also granted.

The Board found no evidence of a current heart condition and denied the veteran's claim for service connection.

The Board has determined that the veteran's claimed conditions, including a back disability, hypertension as secondary to service-connected PTSD, a heart condition as secondary to service-connected PTSD, and a bilateral knee disability, were not incurred in or aggravated by active service. The initial rating for PTSD remains unchanged.

The Board denied the veteran's claims for service connection for a dislocated right shoulder and a heart disorder manifested by heart valve snapping, finding no current medical evidence of these conditions.

The Board has reopened the veteran's claim for service connection for a heart condition with chest pain due to new medical evidence received since the last denial in March 1998.

The Board denied the appellant's claims for service connection for the cause of the veteran's death and entitlement to DIC under the provisions of 38 U.S.C.A. § 1151, finding that there was no evidence linking the veteran's fatal conditions to his active duty or a service-connected disability.

The Board has determined that the cause of the veteran's death (arteriosclerotic heart disease) was not caused or contributed to by any service-connected conditions, including posttraumatic stress disorder and gunshot wounds.

The Board has determined that the evidence submitted since the July 2003 denial does not raise a reasonable possibility of substantiating the claim for service connection for the cause of the veteran's death. The claim is therefore denied.

The veteran's claim for service connection for PTSD was denied due to lack of verified in-service stressors. The claim for secondary service connection for coronary artery disease secondary to diabetes mellitus is also denied as the VA examiner could not directly relate the coronary artery disease to the diabetes without resorting to speculation.

The Board is remanding the case for additional development, including obtaining Social Security Administration records and scheduling a VA examination if necessary. The veteran's appeal will be reconsidered after this additional development.

The veteran's appeal for an earlier effective date for a 60 percent rating for post-operative coronary artery bypass has been withdrawn, resulting in the dismissal of his appeal.