Ischemic heart disease decisions — 2015

The Board has determined that the Veteran's lumbar spine disorder is service-connected and his cardiovascular disease, including CAD and hypertension, may be secondary to his service-connected anxiety disorder. The remaining issues are addressed as well.

The Veteran seeks service connection for various conditions, including heart disorder, hypertension, diabetes mellitus, hepatitis C, liver disease, neuropathy, and skin cancer. The appeal is mixed as some issues are granted while others are denied.

The Veteran withdrew his appeals for an initial increased disability rating in excess of 10 percent for peripheral neuropathy, right lower extremity and left lower extremity.,The Veteran withdrew his appeal for an increased disability rating in excess of 30 percent for PTSD.,The Veteran withdrew his appeal for an initial increased disability rating in excess of 10 percent prior to December 12, 2012, for degenerative joint disease of the left knee, status post total knee arthroplasty.,The Veteran withdrew his appeal for an increased disability rating in excess of 60 percent prior to September 30, 2013, and in excess of 30 percent from January 17, 2014, for coronary artery disease, status post myocardial infarction and stenting.,The Veteran withdrew his appeal for service connection for GERD.,The Veteran withdrew his appeal regarding whether new and material evidence has been received to reopen a claim for service connection for sleep apnea, to include as secondary to PTSD or coronary artery disease.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine, urinary incontinence associated with degenerative disc disease of the lumbar spine, hypertensive heart disease, patellar subluxation of both knees, and bilateral hearing loss, have rendered him unable to secure or follow substantially gainful employment. The Board finds that his service-connected disabilities meet the criteria for a TDIU.

The Veteran's claim for service connection for ischemic heart disease based on Agent Orange exposure is denied as he does not have a current diagnosis of this condition. His peripheral arterial disease, which was diagnosed decades after service, is not considered due to herbicide exposure and there is no evidence of continuity of symptoms since service.

The Veteran's claims for diabetes mellitus and hypertensive heart disease were denied, but the effective date of service connection for hypertensive heart disease was granted on October 1, 2004.

The Veteran's appeal has been dismissed as he requested the withdrawal of his appeal for service connection for residuals of Lyme disease and an initial evaluation higher than 30 percent for CAD.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to assess his irritable bowel syndrome and heart disorder.

The Veteran's service-connected disabilities have been shown to render him unable to obtain and maintain gainful employment, thus meeting the criteria for TDIU.

The Board has determined that the Veteran does not have DJD of the lumbar spine, COPD, CAD with atrial fibrillation, or GERD due to any incident of his active duty service. The preponderance of evidence is against these claims.

The Veteran's ischemic heart disease, including coronary artery disease, is granted as service connection due to presumed in-service herbicide exposure.

The Veteran's claim for an increased rating for hypothyroidism was granted, with a current rating of 60 percent effective April 30, 2009. The other service connection claims were denied.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and private treatment records from St. Mary's Hospital, as well as an accounting of all periods of active duty, ACDUTRA, and INACDUTRA for the appellant's Army National Guard service.

Service connection for coronary artery disease was granted with a 60 percent rating effective from August 26, 1996. The Veteran's death in December 2009 prevented any adjustment of the effective date.

The Board dismissed the appeal due to the death of the appellant.

The Veteran's claims for service connection for ischemic heart disease and eye disorder were denied. The claim for an increased rating for PTSD was granted, but the Veteran is not entitled to a higher initial rating. Claims for increased ratings for peripheral neuropathy of the upper and lower extremities are pending. The Veteran's TDIU claim is also pending.

The Board has remanded the case due to the need for additional VA treatment records and a contemporaneous VA examination.

The Veteran's claim for an earlier effective date for the grant of service connection for CAD is denied because the earliest possible effective date provided by law has already been assigned.

The Veteran's ischemic heart disease is rated at 60 percent effective June 28, 2013. He was previously rated at 30 percent.,He is denied a TDIU as his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.