Ischemic heart disease decisions — 2017

The Veteran's appeal has been dismissed as he withdrew his appeal in July 2016.

The Board has remanded the case back to the AOJ for further proceedings due to a failure to comply with VA's Adjudication Procedures Manual regarding verification of herbicide exposure in Korea.

The Veteran's appeal is remanded for additional development, including scheduling VA examinations and obtaining updated medical records. The TDIU application should also be completed.

The Veteran was granted a 100% rating for his coronary artery disease beginning September 22, 2011. Prior to that date, he did not meet the criteria for a higher initial rating.

The Veteran meets the percentage requirements for a schedular award of TDIU based on his service-connected PTSD, and has been awarded TDIU. Additionally, he is eligible for SMC benefits due to having at least one service-connected disability rated at 100% combined with additional disabilities independently ratable at 60%. The Veteran's PTSD renders him unemployable.

The Board has determined that the Veteran's currently diagnosed heart disorders were not incurred in service and are not otherwise related to service.

The Veteran's claims for earlier effective dates for the grant of service connection for obstructive sleep apnea and ischemic heart disease were denied as there was no evidence of an informal claim prior to the assigned effective dates, and the law does not allow for earlier effective dates under the circumstances presented.

The Board has remanded the case for additional development, including obtaining relevant VA treatment records and documents regarding in-service exposure to chemicals and/or herbicides. The Veteran's claims will be re-adjudicated after all requested actions are completed.

The Veteran does not have a currently diagnosed heart disability, and any complaints of chest pain are related to stress rather than a cardiac condition.,The Veteran's subclinical hypothyroidism did not manifest during service and is not causally related to the Veteran's active service.

The Veteran's disability rating for coronary artery disease, status post coronary artery bypass graft, is restored to 60 percent.

The Board found that the Veteran's heart disability and respiratory disability are not service-connected due to lack of evidence linking them to his active duty service, including exposure to herbicide agents.

The Veteran's claims for increased ratings and earlier effective dates have been denied as the earliest date of service connection is July 28, 2014.

The Veteran's service connection claim for pulmonary fibrosis has been granted. From November 16, 2010 through February 13, 2012, the Veteran was awarded a 20% rating for his bilateral hearing loss disability.

The Veteran is service-connected for multiple disabilities, including ischemic heart disease, coronary artery disease, cardiomyopathy (heart conditions), diabetes mellitus, diabetic peripheral neuropathy of all four extremities, tinnitus, and bilateral hearing loss. The Board finds that the evidence is in relative equipoise as to whether these service-connected disabilities render him unemployable, thus granting a TDIU.

The Veteran's service-connected residuals of prostate cancer are rated at the maximum allowable rating, and his other disabilities do not render him unemployable. Therefore, he is denied an increased rating for his prostate cancer disability and TDIU.

The Board has decided to remand the case for additional development, including obtaining medical records and a medical opinion regarding whether the Veteran's service-connected bronchiectasis contributed substantially or materially to his death.

The Veteran's cause of death was far advanced carcinoma of the pancreas. The Board found that his service-connected disabilities did not contribute substantially or materially to his death, and thus denied service connection for cause of death.

The Board found that the reduction in the rating for coronary artery disease from 100% to 10%, effective May 1, 2013, was proper. The Veteran's service-connected disabilities did not meet the criteria for TDIU during the period of a 100% rating.

The Board found that the Veteran's claimed conditions, including diabetes mellitus, psychiatric disorder, heart disorder and hypertension, prostate disorder, and thyroid disorder, were not related to his active service. The evidence did not establish a nexus between any of these conditions and his military service.

The Veteran's hypertension with ischemic heart disease and nephrosclerosis is rated at 60 percent effective July 29, 2013. The issues of increased ratings for both conditions are addressed.