Ischemic heart disease decisions — 2019

The Veteran's ischemic heart disease is granted as a result of presumed exposure to Agent Orange during service.,The Veteran's scar above the left eye is granted based on direct evidence linking it to an in-service injury.,The Veteran's respiratory disorder (shortness of breath) is denied due to lack of evidence linking it to service.

The Veteran's claim for service connection for coronary artery disease is granted with application of equitable tolling. The rating for degenerative disc disease of the lumbosacral spine is increased to 40 percent, effective from November 19, 2008. The Veteran's claims for higher ratings for radiculopathy of the right and left lower extremities are denied. A TDIU is granted.

The Veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of his claim.

The Board has remanded the Veteran's claims for service connection and increased ratings due to insufficient evidence in the record, including discrepancies between VA examiner findings and private physician diagnoses. The Veteran will be afforded another examination to determine the nature and etiology of any current heart disability, as well as initial evaluations for his cervical and lumbar spine disabilities and migraine headaches.

The Veteran's death is being remanded due to the need for additional medical records and a VA medical opinion regarding whether ischemic heart disease and diabetes mellitus type 2 were at least as likely as not an immediate or contributing cause of his death.

The Veteran's appeal is REMANDED for additional development regarding his claims of service connection for various conditions, including bilateral foot disability, bilateral eye condition, heart disease due to exposure to herbicides, prostate cancer due to exposure to herbicides, and diabetes mellitus II due to exposure to herbicides. The AOJ must obtain the Veteran's military personnel records from his service with the Air Force in 1960s and his duty with the Air Force Reserve in 1970s, verify his asserted in-service exposure as an aircraft maintenance personnel to herbicide agents, schedule him for a VA examination to determine the nature and etiology of any bilateral foot disability, and obtain an addendum opinion from an appropriate clinician concerning whether his in-service complaint of blurred vision is related to his cataracts.

The Board has granted service connection for coronary artery disease, status post myocardial infarction, finding that the appellant was exposed to herbicides in Thailand during his military service. The decision is based on the appellant's credible testimony regarding his exposure near the air base perimeter.

The Board has remanded the Veteran's claims for service connection and TDIU due to insufficient evidence regarding the etiology of his heart condition, specifically whether it is related to herbicide exposure. A new VA examination is required to determine if there are any other diagnoses associated with the Veteran’s heart condition.

The Veteran's claim for service connection for a stomach disorder has been reopened and granted. Tinnitus is found to have had its onset in service. The reduction of the rating for prostate cancer residuals from 100% to 10% was improper, and the 60% rating for coronary artery disease is restored.

The Veteran's sleep apnea is granted as secondary to service-connected PTSD.,Ischemic heart disease and peripheral neuropathy of the upper and lower extremities are denied due to lack of current diagnoses.,PTSD is granted with an initial rating of 50 percent, but no higher.

The Veteran's claims for service connection for ischemic heart disease and diabetes mellitus, both presumed to be due to herbicide exposure in Thailand, have been granted.

The Veteran's appeals for increased rating and compensation under 38 U.S.C. § 1151 have been dismissed due to his withdrawal of the claims.

The Veteran's initial rating for arteriosclerotic heart disease (coronary artery disease) is denied as it does not meet the criteria for a higher rating. The amputation of the right great toe, including as secondary to diabetes mellitus, type II, is remanded due to insufficient evidence.

The Veteran's coronary artery disease is granted as secondary to service-connected hypertension and diabetes. The right shoulder condition is denied due to lack of in-service injury or documentation.

The Veteran's coronary artery disease is being remanded for further development to determine if he served within the 12 nautical mile territorial sea of Vietnam, which could affect his claim for service connection due to herbicide exposure.

The Veteran's claim for a restoration of the 60 percent rating for coronary artery disease, status post myocardial infarction with coronary stents is granted. The claims for an increased rating and TDIU are remanded.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to TDIU. The case is remanded for further development regarding his esophageal adenocarcinoma rating and housebound status.

The Board denied the Veteran's claim for service connection for cause of death due to cecal carcinoma, which was claimed as secondary to his service-connected coronary artery disease. The VA examiners found that the Veteran’s service-connected CAD did not impact his colon cancer treatment and concluded it was less likely than not that the Veteran's service-connected CAD aided or lent assistance in his death.

The Board denied the claim to reopen service connection for the cause of the Veteran's death and also denied eligibility for nonservice-connected death pension benefits due to lack of qualifying service.

The Veteran's claim for an earlier effective date for the grant of service connection for coronary artery disease status post CABGX3 with congestive heart failure was denied. The Board found that January 24, 2008 is the correct date for the grant of service connection and there was no basis to establish entitlement to a prior effective date.