Ischemic heart disease decisions — 2015

The Board has granted a separate 30 percent rating for atrial fibrillation, resolving all reasonable doubt in favor of the Veteran. The claim for TDIU is also granted.

The Veteran withdrew his appeal for higher ratings for prostate cancer and coronary artery disease.

The Veteran's service-connected disabilities are considered to be permanently and totally disabling, effective July 16, 2012. The Veteran was treated in the emergency department of Mercy Hospital Independence for a medical emergency on December 29, 2012 due to symptoms such as fever, cough, and sore throat. The treatment sought met the criteria for payment or reimbursement under 38 U.S.C.A. § 1728.

The Board denied the Veteran's claim of service connection for a heart disorder, including coronary artery disease, finding no current diagnosis and insufficient evidence to establish an in-service event or injury.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the numerical designation for a compensable rating for his bilateral hearing loss, and that an increased schedular rating is therefore not available. For tinnitus, the maximum schedular evaluation of 10 percent was assigned after the effective date of the June 2003 amendment to Diagnostic Code 6260. The Veteran's claim for service connection for teeth loss due to his service-connected tinnitus was denied as there was no competent evidence establishing a secondary relationship.

The Board found that the Veteran's back condition is service-connected, but denied reopening of his heart condition claim due to lack of new and material evidence.

The Veteran's service-connected conditions do not prevent him from securing and maintaining substantially gainful employment.

The Board denied the appellant's claim to reopen his service connection for heart disease, finding that no new and material evidence had been submitted. The claim was not reopened.

The Veteran's heart disease and arterial stenosis of the lower extremities have been granted service connection based on presumed exposure to herbicides during service.

The Veteran's treatment at a private hospital on January 6, 2011 was for non-emergent conditions and he did not request prior authorization from VA. The Board found that the criteria for reimbursement were not met.

The Veteran's claim for service connection for diabetes mellitus is granted. The Board finds that the Veteran had a brief stopover in Vietnam, which qualifies him for presumptive service connection based on his exposure to herbicides during his active duty.

The Veteran's multiple service-connected disabilities, including coronary artery disease, diabetes mellitus, gastroparesis, hypertension, bilateral hearing loss, tinnitus, and peripheral neuropathy in both legs and arms, render him unable to secure or follow a substantially gainful occupation. The Board finds that TDIU is warranted.

The Veteran's total and permanent disability rating due to service-connected disabilities, including his chronic cardiac disability affecting balance or propulsion, meets the criteria for a certificate of eligibility for financial assistance in the purchase of specially adapted housing.

The Veteran's claim for service connection for PTSD was granted effective July 13, 2010. The Board finds that the Veteran is entitled to an earlier effective date of July 13, 2010.

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

The Veteran's PTSD was granted service connection. The Board also found ischemic heart disease is not currently supported by the evidence, and TDIU remains pending as it is inextricably intertwined with the other issues.

The most probative evidence of record does not reflect that it is at least as likely as not that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Board has remanded the case for further development and readjudication, including referral to a VA clinician for an opinion on whether it is at least as likely as not that the Veteran had ischemic heart disease during his lifetime.

The Board has reopened the claim of entitlement to service connection for left leg varicose veins and denied the claims for hyperlipidemia, heart disorder, hypertension, peripheral artery disease, and residuals of a cerebral vascular accident. The Veteran is also referred to the AOJ for further action on his total disability evaluation based on individual unemployability issue.

The Board finds that the Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, thus granting TDIU.