Ischemic heart disease decisions — 2011

The Veteran's death was caused by arteriosclerotic vascular disease, which is a direct service-connected condition.,The appellant has not submitted new and material evidence to reopen her claim for PTSD.

The Veteran's claims for diabetes mellitus type II, hypertension, heart disorder, dental disability, cataracts, and erectile dysfunction are denied as there is no evidence of in-service incurrence or a relationship to service.,There is no current diagnosis of a dental disability. The Veteran does not have a current diagnosis of diabetic neuropathy. Service connection for these conditions cannot be granted on a direct basis due to lack of evidence of an in-service injury, disease, or event and the absence of medical records showing treatment within one year after service.,The Board finds that diabetes mellitus type II is not related to active service as there is no evidence of its onset during service. The Veteran's blood pressure readings were normal at separation from service and post-service hypertension was first diagnosed years later.,Service connection for a heart disorder, cataracts, and erectile dysfunction cannot be granted on a secondary basis because diabetes mellitus type II is not a service-connected disease.

The Board has remanded the case due to the Veteran's request for a video-conference hearing. The claims of entitlement to service connection for various conditions are pending.

The Veteran's heart condition, diagnosed as ischemic heart disease, is presumed to have been incurred in service due to exposure to herbicide agents. The Board also found that the Veteran's hypertension and bilateral hearing loss disability are related to his service-connected heart condition.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for renal failure, heart disease, prostate cancer, removal of the gallbladder, diabetes mellitus, hypertension, skin cancer, and residuals of head trauma. The evidence does not establish herbicide exposure during active duty service.

The Veteran's hypertension and valvular heart disease with coronary artery disease have been rated based on their current manifestations, with the initial rating for valvular heart disease being granted at 30 percent prior to February 11, 2008, and increased to 60 percent thereafter.

The Board has determined that the Veteran does not have a service-connected acquired heart disability and therefore, denied his claims for service connection. The TDIU claim is also denied as there are no service-connected disabilities to consider.

The Board has granted the Veteran's claims for service connection for tinnitus and entitlement to a TDIU, effective as of January 3, 1996. The claim for an earlier effective date for these grants is denied.

The Board has determined that the Veteran's current heart disability, including hypertension, is not related to service and thus denied his claim for service connection. The spine disability claim was remanded but no additional development or decision has been provided yet.

The Veteran's cause of death was identified as pneumonia, dementia and probable lewy body dementia. Other significant conditions contributing to death but not resulting in the underlying cause were diabetes mellitus II, and coronary artery disease. The Board found no evidence that any service-connected disability caused or contributed substantially or materially to the cause of death.

The Veteran's appeal is remanded due to the need for additional VA treatment records and a new psychiatric examination.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical records and scheduling VA examinations.

The Veteran is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund as his service was in the Regular Army of the United States, and he already receives VA disability compensation.

The Veteran's death was not caused by a service-connected disability, and the Board found no evidence linking his cause of death to military service.

The Veteran's arteriosclerotic heart disease, presumed to be due to service in the Republic of Vietnam, was found to be the cause of death. The claim for DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.

The Board has denied the Veteran's appeals for earlier effective dates and increased ratings, finding that no specific exception to the general rule of not awarding an effective date earlier than the date of claim applies in this case. The appeal is dismissed as to the issue of earlier effective date for diabetes mellitus.

The Board has denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private hospital on May 28, 2008 due to lack of an emergency condition and unavailability of VA facilities.

The Veteran's appeal involves multiple service-connected disabilities, including diabetes mellitus and renal insufficiency. The RO has not obtained all of the Veteran's private medical records from Dr. Clemis Jackson or his Social Security Administration (SSA) disability benefits records. These records are necessary to make a full determination on the claims.

The Veteran is granted service connection for coronary artery disease, depressive disorder secondary to coronary artery disease, and sleep apnea as secondary to PTSD. Service connection was denied for a back disability, fibromyalgia, gastrointestinal disorder, and sexual dysfunction.

The Veteran's arteriosclerotic heart disease is presumed to be due to his in-service exposure to herbicides, and the Board grants service connection for this condition.