Ischemic heart disease decisions — 2009

The Board denied the claim for dependency and indemnity compensation (DIC) under 38 U.S.C. § 1151, as it was not shown that the Veteran's death resulted from carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part in furnishing medical treatment, or an event not reasonably foreseeable.

The Veteran's CAD is aggravated by his service-connected diabetes.

The Board denied the veteran's claims for service connection for diabetes mellitus, metal in the left hand, coronary artery disease, hypertensive heart disease, hypertension, peripheral vascular disease, and peripheral neuropathy as they were not shown to be related to his active service or secondary to a service-connected condition.

The Veteran was granted a 10 percent evaluation for coronary artery disease status post myocardial infarction prior to June 19, 2008, and a 30 percent evaluation from that date.

The appeal for an earlier effective date was denied as the RO assigned July 8, 2004, which is the date of receipt of the Veteran's petition to reopen previously denied claims.

The Board denied the claims for an earlier effective date, service connection for the cause of death, and DIC benefits.

The Board remanded the case for additional development and adjudication, including obtaining records from Social Security Administration and VA Medical Center.

The Board denied the veteran's claims for service connection for hypertension and coronary artery disease as secondary to his service-connected diabetes mellitus, finding no medical evidence linking these conditions to his diabetes.

The Board granted service connection for coronary artery disease, finding that it was proximately due to the Veteran's service-connected diabetes mellitus.

The claim for service connection for depression is dismissed as moot because the Veteran's depression is already included in his service-connected PTSD.

The Veteran's hypertension, bunion of the right and left great toes, bilateral hearing loss, heart disorder, cervical disorder, lumbar disorder, left shoulder disorder, bilateral elbow disorder, left ankle disorder, bilateral hip disorder, right knee disorder, and hepatitis B were denied.

The Veteran's service-connected chronic low back strain does not warrant a rating in excess of 20 percent. He was granted service connection for PTSD, but his coronary artery disease is not related to his military service.

The Board denied the veteran's claims for service connection for hypertension, coronary artery disease (CAD), and diabetes mellitus as there was no evidence of these conditions during service or within a reasonable time thereafter, and no medical evidence linking them to his period of active military service.

The Veteran's claims for service connection for non-Hodgkin's lymphoma, chloracne, soft tissue sarcoma, Graves' disease, cervical spine disorder, and PTSD were denied. The ratings for essential hypertension with ocular changes, hypertensive heart disease, peripheral neuropathy of the left and right lower extremities, and TDIU were also denied.

The Veteran's claim of entitlement to service connection for diabetes mellitus, now styled to include as secondary to herbicide exposure, was reopened but ultimately denied. The claims for service connection for kidney disorder, bilateral peripheral vascular disease, coronary artery disease, hypertension, erectile dysfunction, and diabetic retinopathy were also denied.

The Board found that the evidence did not support a connection between the Veteran's death and his period of active service, including any in-service throat condition or rheumatic heart disease.

The Veteran's service-connected type II diabetes mellitus with aggravation of idiopathic polyneuropathy of both upper and lower extremities and left foot ulcer does not require insulin, restricted diet, and regulation of activities. The Veteran's hypertension and coronary artery disease were not caused by or aggravated by his service-connected type II diabetes mellitus.

The Board found that the preponderance of evidence was against service connection for a heart condition, osteoarthritis of the lumbar spine, headaches, and COPD.

The Board grants the claim of service connection for the cause of the Veteran's death, as the in-service lung cancer contributed substantially or materially to the Veteran's death.

The veteran's heart disorder is not service-connected and does not aggravate his service-connected PTSD or schizophrenia, thus payment or reimbursement for foreign medical treatment was denied.