Ischemic heart disease decisions — 2009

The Board denied service connection for several disabilities, including diabetes mellitus. The decision is final as the appellant did not pursue an appeal regarding this issue.

The Veteran's heart disease, status post aortic valve replacement had its onset during active duty from May 1974 to November 1981. The Board granted service connection for the Veteran's heart condition.

The Board has determined that the Veteran's residuals of stroke with dementia and heart disability are related to his service, specifically his internment as a POW. As such, these conditions have been granted service connection.

The Board has determined that the VA examinations provided are not in accordance with the amended regulations for evaluating respiratory conditions and have ordered a new examination to determine the current severity of the appellant's pneumonectomy, residuals of lung cancer. The heart disorder claims will be remanded as well.

The Veteran's claims for service connection for cardiovascular disabilities are denied as secondary to diabetes mellitus. The Board found no evidence of herbicide exposure and the gap between onset and service is significant.

The Veteran's appeal for service connection for status post right orchiectomy for right undescended testicle with residual tenderness has been withdrawn. The Board is dismissing the appeal as to this issue.

The Veteran's death was not caused by a service-connected disability, as there is no evidence of diabetes mellitus or any other condition that could have contributed to his death. The Board finds the VA medical opinion more probative than the private physician's opinion.

The Board found no evidence linking the Veteran's service-connected disabilities to his cause of death, and thus denied the claim for service connection for the cause of death.

The Board has denied the Veteran's claims for service connection for a heart disorder and left ear hearing loss. The Veteran's right shoulder disorder is currently rated as 0 percent disabling, and his lower back disorder remains at 10 percent.

The Board denied the Veteran's claim for service connection for a heart disorder, including atrial fibrillation, as secondary to his service-connected varicose veins due to lack of competent medical evidence linking these conditions.

The Board has determined that the Veteran's death was not caused by any service-connected disability, and therefore denied the claim for service connection for the cause of the Veteran's death.

The Board found that the Veteran's current cardiovascular disability, including aortic stenosis and atrial fibrillation, is not service-connected as it did not manifest during active duty or within one year of discharge. The condition was first diagnosed many years after service.

The Board denied the Veteran's claim for service connection for coronary artery disease, status post myocardial infarction, finding that it was not incurred or aggravated in service and is unrelated to his service-connected nicotine dependence.

The Veteran's claim for an effective date prior to May 29, 2003 for PTSD was denied as the earliest possible effective date is fixed in accordance with the facts found and shall not be earlier than the date of receipt of the application therefor.,The Veteran's claims for an effective date prior to October 7, 2004 for a CVA and arteriosclerotic heart disease were denied as these disabilities are considered one disability that was not ratable at 60 percent prior to October 7, 2004. The liberalizing law expanding the list of diseases available on a presumptive service connection basis for former POW's occurred on October 7, 2004.,The Veteran's claim for an effective date prior to October 7, 2004 for TDIU was denied as entitlement arose after this date.

The Veteran's death was caused by cardiovascular disease, which may be service-connected on a presumptive basis if the Veteran had POW status. The claim is being remanded for further development and consideration.

The Board has determined that additional development is needed to determine if the Veteran served in Vietnam and whether his death was related to service-connected conditions or other factors. The claim will be remanded for further action.

The Veteran's appeal is remanded for additional development, including a VA examination and social and industrial survey to determine his ability to secure and follow substantially gainful employment due to service-connected disabilities.

The Board has determined that additional evidence is needed to properly adjudicate the claim for service connection for the cause of death, including VA treatment records and those requested by the appellant's representative.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board finds that the Veteran's coronary artery disease is not proximately due to or aggravated by his service-connected diabetes mellitus type II.