Ischemic heart disease decisions — 2020

The Board denied the Veteran's request for an earlier effective date for service connection for scars secondary to his service-connected coronary artery disease, finding that the earliest effective date was November 27, 2018.

The Veteran's service connection claims for diabetes mellitus and ischemic heart disease due to herbicide exposure are remanded as the Board cannot determine if he served within 12 nautical miles of Vietnam.

The Board has remanded the case due to a need for further medical examination and opinion regarding whether the Veteran's stroke is secondary to his service-connected coronary artery disease.

The Board has remanded the Veteran's claims for ischemic heart disease and a skin condition due to potential exposure to herbicide agents in service. The claims are also remanded for further development regarding herbicide agent exposure, including obtaining records from JSRRC.

The Board denied the Veteran's claim for service connection for heart condition, finding that there was no evidence of a chronic disease noted in service or within the applicable presumptive period. The Board also found that the current diagnoses were not related to any in-service injury or event.

The Board has reopened the Veteran's previously denied claims for service connection for IHD, DM II, Bladder Cancer, Renal Cell Carcinoma, and Bilateral Peripheral Neuropathy of the Lower Extremities due to exposure to herbicides (AO) and radiation.,A remand is required to determine if the Veteran had regular and repeated contact with C-123 aircraft known to have been used to spray an herbicide agent during the Vietnam era, as well as to verify his service at Fort Chaffee, Arkansas, and at Clear Air Force Station in Alaska.

The Veteran's service-connected PTSD and ischemic heart disease do not preclude him from securing or following substantially gainful employment.

The Veteran's initial ratings for coronary artery disease and lumbar spine strain and DDD were denied. A 20 percent rating was granted for right lower extremity radiculopathy as of September 12, 2019, and a 20 percent rating was granted for left lower extremity radiculopathy as of the same date. The Veteran's TDIU due to service-connected acquired psychiatric disability is effective April 10, 2013, and SMC at the housebound rate is also effective that date.

The Veteran is granted a higher level of SMC under 38 U.S.C. § 1114(p) based on his ischemic heart disease and other service-connected disabilities, but not for the need for aid and attendance.

The Board denied both the claim for service connection for the cause of Veteran’s death and the claim for DIC under 38 U.S.C. § 1151 based on treatment at a VA medical facility, finding that neither condition was caused by carelessness, negligence, lack of proper skill or error in judgment due to treatment provided at a VA medical facility.

The Veteran's eye disorder, sleep apnea, heart disorder, skin disorder, diabetes mellitus type II, and major depressive disorder are remanded for further development due to possible in-service exposure to herbicide agents and other chemicals and radioactive materials at Seneca Army Depot and Fort Gordon.

The Board has remanded several issues for further examination and opinion, including service connection claims related to various musculoskeletal conditions, hearing loss, vision loss, and skin conditions. The heart condition claim was denied as there is no evidence of a current heart condition or any relationship to service.

The Veteran's claim for an earlier effective date for the grant of service connection for coronary artery disease, status post CABG and status post myocardial infarction is denied. The current rating of 10 percent for this condition remains unchanged.

The Veteran's service records show exposure to herbicide agents while stationed on the USS Oriskany off the coast of Vietnam. The Board finds a remand is warranted for VA examination and review of deck logs to determine if he was within 12 nautical miles of Vietnam during his service. Additionally, a VA examination is needed to assess skin conditions affecting the feet and legs, as well as headaches.

The Veteran's claims for service connection have been remanded due to the need for further medical evaluation and opinion regarding the etiology of his conditions.

The Board has determined that the appellant's claims for accrued benefits, increased ratings, and service connection are all partially granted. The decision on accrued benefits is mixed as some issues were denied while others were granted. Increased ratings for CAD, right knee disability, fracture residuals, ED with impotency, and hearing loss have been granted or denied based on the date of death. Service connection for tinnitus has also been granted. SMC at housebound rate and based on regular need for aid and attendance have been awarded from specific dates. The TDIU was granted effective February 5, 2004.

The Board has remanded the case due to errors in its August 2018 decision regarding service connection for a heart disability. The issues include determining if current heart disabilities are related to service, including pre-existing conditions and surgeries.

The Board has remanded the case for additional development and to ensure compliance with due process requirements, including obtaining VA treatment records from December 2008 through August 2010, obtaining private medical records from Bay Medical Center, and providing a medical opinion regarding causation of the Veteran’s death.

The Veteran's claims for higher ratings for his service-connected psychoneurosis, bilateral hearing loss, and PTSD were denied. Service connection was also denied for hypertension, a heart condition, and residuals of a stroke due to lack of evidence linking these conditions to active duty service.

The Veteran's coronary artery disease was granted a disability rating of 30 percent from October 26, 2006 to August 31, 2010.