Ischemic heart disease decisions — 2022

The Board has remanded the Veteran's claims for service connection for a heart disorder, to include ischemic heart disease (IHD), and a blood disorder due to pre-decisional duty to assist errors. The AOJ is required to obtain private treatment records from identified providers and conduct development to verify chemical exposure during active service.

The Board has ordered a remand due to the inadequacy of an opinion regarding the Veteran's arteriosclerotic heart disease, specifically addressing the December 2017 private medical opinion and the need for an accurate level of severity determination.

The Board has granted a TDIU and established basic eligibility for Dependents' Educational Assistance Benefits based on the Veteran's service-connected disabilities.

The Veteran's prostate cancer is granted service connection due to presumed exposure to herbicide agents in Vietnam. The heart condition issue is remanded for further examination and opinion.

The Veteran's peripheral neuropathy of the right and left lower extremities, sciatic nerve branches are each granted a 20 percent rating.,The Veteran's peripheral neuropathy of the right and left lower extremities, femoral nerve branches is granted a 10 percent rating.

The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding the addendum opinion provided by the VA examiner. The Veteran's heart condition appeal is being returned for further development and an updated medical opinion.

The Board has remanded the case due to pending claims for accrued benefits and service connection. The issues of hypertension, coronary artery disease, and appendectomy scar are still under review.

The Board has granted the restoration of service connection for diabetes with diabetic nephropathy, CAD, and a scar associated with CAD based on the PACT Act. The effective date is October 1, 2022.

The Veteran's claims for effective dates prior to February 28, 2014 (bilateral hearing loss) and January 31, 2018 (CAD) are denied.,The Veteran's claim for an effective date prior to January 31, 2018 for TDIU is denied as there was no formal or informal claim filed before that date.

The Veteran's service connection claims for coronary artery disease, diabetes mellitus type II, hypertension, and stroke residuals are granted on a presumptive basis due to exposure to herbicide agents in Vietnam.,Service connection is also granted for the Veteran's now service-connected CAD causing his stroke residuals.

The Veteran's claims for increased ratings for coronary artery disease and diabetes mellitus are being remanded due to the need for additional clinical documentation from St. Mary's Hospital.

The Veteran's ischemic heart disease with stable angina resulted in MET testing showing a workload of greater than 3.0 but not greater than 5.0 METs resulting in dyspnea, fatigue, angina, and dizziness, but no such symptoms at a workload of 3.0 METs or less. The Board found the Veteran's IHD warrants a 60 percent rating under DC 7005 because there is no congestive heart failure, the Veteran's symptoms were shown to be greater than 3 METs but not greater than 5 METs, and left ventricular dysfunction with an ejection fraction of 63 percent or greater throughout the appeal period.

The Veteran's appeal of his claim for service connection for a heart condition, to include ischemic heart disease, has been dismissed as he requested to withdraw the appeal.

The Veteran was granted a TDIU on an extraschedular basis from October 31, 2014, to November 23, 2016, due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.

The Veteran's claims for service connection for bilateral hearing loss, COPD and pneumonia, skin cancer, a back disability, and a heart disability have been denied. The Board found that the evidence did not support a finding of in-service onset or chronicity of these conditions.

The Veteran is seeking an earlier effective date for a 100% rating for ischemic heart disease (IHD). The Board has determined that the July 2019 rating decision, which assigned this effective date, cannot be revised on the basis of clear and unmistakable error (CUE) because it did not become final. However, the claim is remanded to adjudicate a CUE claim for the effective date.

The Veteran's service-connected ischemic heart disease is granted, with presumptive service connection based on exposure to herbicides in Vietnam.

The Board has decided to remand the case due to a duty to assist error regarding the heart disability, which is presumed to be related to herbicide agent exposure. The examiner needs to provide an opinion on whether the heart disability is related to service and if it was caused by or aggravated by the Veteran's lung cancer.

The Veteran's treatment at Fort Sanders Loudoun Medical Center on September 4, 2016 was for a condition of such severity that immediate medical attention was necessary to avoid serious health risks. The closest VA facilities were not feasibly available and an attempt to use them beforehand would have been impractical.

The Board has remanded the claims for service connection due to inadequate medical opinions and new evidence submitted by the Veteran. The heart disability claim is related to service-connected GERD, while the tonsillitis claim involves a pre-existing condition noted at entry into service.