Ischemic heart disease decisions — 2009

The Veteran's claims for diabetes mellitus, coronary artery disease, hypertension, and TDIU are being remanded due to the need for a VA examination to determine the etiology of his diabetes mellitus.

The Board denied the veteran's claims for increased ratings and an earlier effective date for TDIU due to insufficient evidence of unemployability prior to January 12, 1998.

The Board has denied the Veteran's claims of service connection for hypertension, coronary artery disease, fatigue, and sleep apnea as secondary to a deviated nasal septum. The claims for bilateral hearing loss, tinnitus, and left knee disability were also denied. The appeal regarding restoration of 10% disability evaluation for a bilateral deviated nasal septum was not addressed due to the issues being remanded.

The Board finds that the requirements for a grant of secondary service connection have been met with respect to the CAD claim. Specifically, an October 2006 VA examination revealed a diagnosis of CAD.,With respect to the Veteran's claim for hypertension, there is no dispute as to a current disability. Indeed, a VA examination in October 2006 revealed a diagnosis of essential hypertension. As noted above, it is also not in dispute that he is service-connected for diabetes.

The Veteran does not have any of the claimed conditions, and there is no evidence linking them to his service. The claims for service connection are denied.

The Veteran is seeking service connection for a heart disorder. The Board has ordered additional records to be obtained from VA and private sources, including clinical records from his military service and treatment reports from various VA facilities.

The Veteran's disabilities, including arteriosclerotic heart disease and arthritis of the knees, do not meet the criteria for special monthly pension based on need for regular aid and attendance or housebound status due to his current disability ratings.

The Veteran's appeal for a temporary total evaluation for service-connected coronary artery disease based on hospital treatment or convalescence has been dismissed as the Veteran withdrew his appeal in February 2009.

The Veteran's claims for service connection for bilateral hearing loss, bilateral tinnitus, hypertension (HTN), a heart disorder, and PTSD have been denied. The Board found that the evidence did not support a finding of service connection for any of these conditions.

The Veteran's death was caused by metastatic lung cancer, and the Board is remanding the case for further development to determine if there is a relationship between his service-connected cold injury residuals or any exposure to Mustard Gas or ionizing radiation.

The Veteran's heart disorder, hypertension, and GERD are all rated at the minimum level of disability. The Veteran is granted initial ratings for these conditions.

The Board is remanding the case for additional development, including obtaining SSA records and readjudicating the issues of service connection and effective dates.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 for coronary artery disease and depression as secondary to the disease are being remanded due to inadequate VCAA notice.

The Board finds that the service-connected conditions did not cause or contribute substantially to the Veteran's death. The Veteran's cardiovascular issues were more likely related to his smoking and dyslipidemia, rather than his service-connected back injury.

The Board has ordered a remand to obtain an opinion on whether the Veteran's service-connected diabetes mellitus has aggravated his non-service-connected congestive cardiac failure and atrial fibrillation, which is claimed as heart disease.

The Veteran's claim for TDIU is being referred to the Director of Compensation and Pension Service due to his service-connected disabilities, which may qualify him for a TDIU on an extra-schedular basis.

The Board found that the Veteran's heart murmur pre-existed his service and was not aggravated therein, and that his current heart disability is otherwise unrelated to his active service or to any incident therein. As a result, the claim for service connection for a heart disability was denied.

The Board has denied the Veteran's claim to reopen his service connection claims for hypertension, peripheral neuropathy, heart disorder, kidney disorder, vision disorder, back disorder, right leg disorder, and pes planus. The evidence submitted since the July 2002 final rating decision did not provide new and material evidence to support these claims.

The Veteran's appeal is being remanded due to the need for proper VCAA notification regarding service connection claims for coronary artery disease, aortic aneurysm, and chronic obstructive pulmonary disease. The unspecified growth other than a left adrenal mass claim will also be remanded.

The Veteran's service-connected unstable sternum, post CABG, with continued complaints of pain is currently rated at 10 percent. A separate rating for injury to the thoracic muscle group has also been granted.