Ischemic heart disease decisions — 2012

The Board found that the cause of death, acute myocardial infarction due to coronary artery disease, was not related to service or a service-connected disability. The Board also found that multiple sclerosis did not have its onset during service or within the presumptive period and is not considered service connected.

The Veteran's claim for service connection for coronary artery disease was granted based on presumed exposure to herbicides during his Vietnam service. The effective date of the award is set at July 22, 2002.

The Veteran's claims for service connection for a heart disorder and an acquired psychiatric disorder, including PTSD, depression, anxiety, and bipolar disorder are being remanded due to the need for further development of his medical records and examination.

The Board has determined that the evidence submitted since the May 2006 rating decision does not provide a link between the Veteran's death and his military service or VA treatment, thus it is not material to the appellant's claim for service connection for cause of death.

The appellant's mother did not serve in or visit Vietnam, and therefore is not eligible for benefits under 38 U.S.C.A. § 1815 due to her lack of service connection.

The Veteran is not entitled to a higher rate of special monthly compensation for aid and attendance under section 1114(r) due to his current SMC rates.

The Veteran's death was caused by his service-connected coronary artery disease, which the Board finds to be a direct result of his active duty service. The claim is granted.

The Veteran's appeal is being remanded for a videoconference hearing before a Veterans Law Judge to address his claims of service connection for hypertension and heart disease.

The Board has remanded the case for additional development, including obtaining medical opinions and gathering treatment records. The Veteran's claims are not yet decided.

The Veteran's claims for service connection for hypertension, heart disease, and an increased rating for tinea versicolor were denied. The claim for tinea versicolor was granted with a 30% disability rating.

The Board finds that the preponderance of evidence is against finding a heart disability, to include CAD, was incurred in or aggravated by service. The Veteran's contentions regarding his diagnosis and treatment for CAD are not supported by the medical records.

The Veteran's claim for service connection for anxiety was denied as there is no evidence that the condition had its onset during active service or resulted from disease or injury in service.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for post-inflammatory hyperpigmentation, gastroesophageal reflux disease, residuals of removal of gallstones and gallbladder, a disability manifested by dizziness, diabetes mellitus, nerve damage in the head, hypertension, asthma, heart disability, impotence, and an eye disability. The Veteran's claimed conditions are not related to his service.

The Veteran's claims for service connection for valvular heart disease with endocarditis and multiple sclerosis were denied, and the appellant did not appeal these decisions. The current denial remains in effect.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Veteran's cause of death, diagnosed as chronic obstructive pulmonary disease (COPD), due to or as a consequence of coronary artery disease and renal insufficiency, is not shown to have been directly incurred in service. The Board finds that the preponderance of the evidence is against finding that the Veteran's cause of death is etiologically related to active service.

The Board found that the Veteran's cardiovascular condition, specifically claimed as atherosclerotic heart disease, status post coronary bypass grafting and diastolic function, was not incurred in or aggravated during active service, may not be presumed to have been so incurred, and is not secondarily related to a service connected condition.

The Board has ordered a remand to obtain clarification of the VA medical opinion regarding whether the Veteran had ischemic heart disease, and to clarify whether his service-connected disabilities contributed to his death. The case will be returned for further adjudication.

The Veteran's service-connected disabilities do not meet the percentage requirements for a TDIU, as his combined rating is 90 percent and does not include one disability rated at least 40 percent. The Board finds that he can still obtain and retain substantially gainful employment.

The Board has determined that there is no evidence to support the claim that the Veteran's service-connected PTSD caused or contributed substantially to his death from multisystem organ failure. The appellant's lay assertions are not competent medical evidence.