Ischemic heart disease decisions — 2015

The Veteran's claim for an increased rating for his acquired psychiatric disorder, specifically anxiety disorder, was denied as the evidence did not show total social and occupational impairment. The issue of entitlement to a TDIU was also denied.

The Board has determined that the Veteran was exposed to herbicides during service, which is a basis for presumptive service connection for his claimed conditions. The claims are granted.

The Veteran's coronary artery disease was rated at 30 percent from January 10, 2002 to March 5, 2003 and upgraded to 60 percent thereafter. The higher rating is granted.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the severity of his service-connected coronary artery disease and an evaluation of whether he is unemployable due to his disabilities.

The Veteran's ischemic heart disease, diabetes mellitus type II, peripheral neuropathies of the bilateral lower extremities, left knee disability, left eye cataract, and psychiatric disorder (PTSD) are all found to be related to his presumed in-service exposure to Agent Orange.

The Board has denied the Veteran's claims for service connection for hairy or B-cell leukemias and ischemic heart disease, finding no current diagnoses of these conditions.

The Board dismissed the appellant's appeal for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to her withdrawal of the appeal. The issue of service connection for the cause of death remains pending.

The Board has denied the Veteran's claims for service connection for heart condition, bilateral hearing loss, and tinnitus. The issues of entitlement to service connection for bilateral hearing loss and tinnitus are addressed in the REMAND portion of this decision.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's service-connected conditions, including ischemic heart disease, PTSD, type II diabetes mellitus, low back disability, and others, have rendered him unable to secure or maintain substantially gainful employment. The Board finds the evidence in equipoise as to whether he is unemployable due to his disabilities.

The Veteran's service-connected disabilities, including diabetes mellitus, coronary artery disease, PTSD, anal fissure, lumbar spine degenerative disc disease and osteoarthritis, tinnitus, peripheral neuropathy, right ankle laxity, inguinal hernia repair residuals, left ear scar, groin scar, and erectile dysfunction, collectively preclude him from obtaining or retaining substantially gainful employment.

The Veteran's claim for TDIU is being remanded due to the need for additional examinations and records.

The Veteran's service-connected disabilities, including PTSD, coronary artery disease, diabetes mellitus type II with hypertension, peripheral neuropathy of the lower extremities, tinnitus, and transient ischemic attacks and right middle cerebral infarct, combine to render him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claim for an earlier effective date for service connection of ischemic heart disease, finding that his claim was not filed before May 3, 1989 or August 31, 2010 when VA regulations recognizing ischemic heart disease as a presumptive condition due to Agent Orange exposure took effect. The earliest the Veteran's claim could be considered is November 9, 2012.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted a TDIU based on this.

The Veteran's claims for service connection were denied, and his initial rating for right shoulder rotator cuff tear with DJD was also denied.

The Board has remanded the Veteran's cardiovascular disorder claim due to additional VA treatment records and a lay statement from W.B. indicating complaints of a cardiovascular disorder during service. The case is also remanded for verification of dates of ACDUTRA or INACDUTRA between 1971 and 1977.

The Board denied the Veteran's claims for an effective date prior to November 1, 2010, for tinnitus and a compensable rating for hypertension. The claim of service connection for right ear hearing loss was denied as there was no current diagnosis. The claim of left ear hearing loss was not reopened due to lack of new and material evidence. The claims of headaches were also not reopened.

The Veteran's appeal is being remanded due to his failure to report for a scheduled hearing. He will be given the opportunity to reschedule either an in-person or videoconference hearing.

The Veteran's appeal is remanded due to uncertainty regarding his exposure to herbicides while serving aboard the USS Yorktown in South Vietnamese waters. The case will be further developed to determine if he was exposed to Agent Orange and then evaluated for heart disability.