Ischemic heart disease decisions — 2012

The Board has reopened the Veteran's claim for service connection for restrictive lung disease/asbestosis and coronary artery disease (claimed as heart problems) due to asbestos exposure. The evidence now shows that the Veteran was exposed to asbestos during his military service, leading to a diagnosis of asbestosis. As such, the Board finds in favor of granting service connection.

The Board has remanded the case due to incomplete development and further examination is required before a decision can be made on the claim of service connection for heart disease.

The Veteran's claim for a higher initial rating for his service-connected coronary artery disease was granted, with the effective date being December 14, 2010. The current rating is 70 percent.

The Veteran's current paroxysmal atrial fibrillation is related to his service-connected hypertension, and the Board grants service connection for this condition.

The Board has decided to remand the case due to incomplete records, including SSA and VA treatment records. The Veteran's claim for service connection for a heart disability will be reconsidered with these additional records.

The Veteran's appeals for service connection for coronary artery disease and hypertension as secondary to his service-connected COPD have been dismissed due to the appellant's withdrawal of the appeal.

The Board found that the Veteran's death was not caused by or a result of his service-connected disabilities, including postoperative meniscectomy, right knee osteoarthritis and severe left knee degenerative joint disease. The underlying cause of death, congestive heart failure (with ASHD as the primary condition), is attributed to multiple risk factors rather than the Veteran's service-connected conditions.

The Veteran's appeal is being remanded due to the need for a personal hearing and selection of another representative.

The Board has determined that the Veteran's claims for residuals of shrapnel wounds, diabetic neuropathy, and coronary artery disease are denied as there is no evidence to support a service connection relationship.

The Veteran's claims for COPD, hypertension, and heart disease are being remanded due to the need to establish service connection as secondary to a psychiatric disorder. The claim of service connection for a psychiatric disorder is also being considered.

The Veteran's service-connected disabilities (diabetes mellitus type 2, coronary artery disease, hypertension, peripheral neuropathy of the right lower extremity, and peripheral neuropathy of the left lower extremity) prevent him from securing or following substantially gainful employment. The Board has granted a TDIU based on this evidence.

The Veteran's heart disorder was not productive of congestive heart failure, a workload greater than 5 METs but not greater than 7 METs, or cardiac hypertrophy/dilatation on examination. The RO increased the rating to 30 percent effective December 9, 2009.

The Board has granted service connection for erectile dysfunction, peripheral neuropathy of the bilateral lower extremities, and blurred vision (diabetic retinopathy) as secondary to the Veteran's service-connected diabetes mellitus.

The Board has determined that the Veteran's death was caused by a service-connected condition (CAD) and is therefore granted service connection for the cause of his death.

The Veteran's diabetes mellitus is rated at 40 percent, effective prior to April 8, 2005 for the grant of SMC due to erectile dysfunction. The Veteran's coronary artery disease remains rated at 60 percent.

The Board found that the Veteran's timely notice of disagreement was not received by either the RO or the Board within the statutory period, but granted equitable tolling and accepted his December 2008 VA Form 9 as a valid appeal. The claims for service connection were decided on their merits.

The Board has determined that further development is necessary before a decision on the merits may be made regarding service connection for cause of the Veteran's death. The appeal will be remanded to the RO/AMC for additional actions.

The Board has decided that additional development is needed before the claims can be adjudicated, including obtaining service personnel records and Social Security Administration records.

The Board has remanded the case for additional development due to insufficient reasoning in the July 2010 VA examination report and the need for clarification on the examiner's opinion regarding the Veteran's chest pain during service.

The Veteran's claims for increased evaluations for his service-connected coronary artery disease and hypertension have been denied as the evidence does not show that he meets the criteria for a higher evaluation under VA rating criteria.