Ischemic heart disease decisions — 2023

The Veteran's hypertension, heart disorder, urinary tract disorder, low back disorder, right hip disorder, left knee disorder, and right knee disorder are presumed to be related to his service due to herbicide exposure. However, the claims for these conditions prior to August 10, 2022, and other than under the provisions of the PACT Act, are remanded as new evidence is needed.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the TDIU issue. The Veteran's service-connected disabilities do not meet the criteria for a TDIU under 38 C.F.R. § 4.16(a). However, referral to the Director, Compensation Service, for consideration of entitlement to a TDIU on an extraschedular basis is warranted.

The Board has remanded the claims for service connection for coronary artery disease, prostate cancer, and metastatic prostate cancer to the bone due to additional development being needed. Specifically, verification of in-service exposure to herbicides is required, and a medical opinion on the relationship between in-service toxic exposures and the Veteran's current conditions is needed.

The Board has remanded the claim for a VA examination to determine if the appellant qualifies for an SMP due to her need for aid and attendance or being housebound. The appellant's income was previously found to exceed the Maximum Annual Pension Rate (MAPR).

The Veteran's hypertension, acquired psychiatric disorder (including PTSD and unspecified depressive disorder), asthma, and unspecified heart disorder are all granted as they are presumed to be related to his service in Vietnam due to herbicide agent exposure.

An initial rating of 70 percent for PTSD is granted, effective October 13, 2016. A TDIU is also granted from that date.

The Board has denied the Veteran's claim for service connection for a heart disability, finding that there is no evidence of its onset during or within one year after service. The appeal was also remanded for additional examinations and opinions regarding his right elbow, right upper extremity cubital tunnel syndrome, bilateral lower extremity neuropathies, and left upper extremity peripheral neuropathy.

The Veteran's claim for a rating in excess of 60 percent for Acquired Immune Deficiency Syndrome (AIDS) with pneumonia is being remanded due to the need for an adequate VA examination.

The Board has denied service connection for heart disease and diabetes mellitus, finding that there is no evidence of in-service injury or exposure to Agent Orange. The Veteran's current conditions are not related to his military service.

The Board has remanded the claims for service connection for Meniere's Disease, a back condition, and atrial fibrillation due to insufficient evidence.

The Veteran's claim for earlier effective date of October 16, 2020, for the grant of service connection for coronary artery bypass graft to include arteriosclerotic heart disease/coronary artery disease and acute, subacute, or old myocardial infarction is granted. The effective date is based on the Veteran's herbicide exposure during his service at Udorn RTAFB.

The Board denied the Veteran's claim for service connection for a heart condition, finding that there was no current disability and that the evidence did not show any relationship between his reported symptoms and a heart condition.

Service connection for hyperlipidemia (high cholesterol), heart disorder, hypertension, diabetes mellitus type 2, and arthritis has been denied.,The Veteran's service records are unavailable, and no in-service event or injury was provided to support the claims.

The Board has determined that new and relevant evidence has been received sufficient to readjudicate the claims for service connection for low back disability, coronary artery disease, and hypertension. The Veteran's inconsistent statements have led to a finding of not being an accurate historian.

The Veteran's TDIU claim is granted for the period prior to December 13, 2021, as he meets the schedular criteria and is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran's service-connected coronary artery disease is currently rated at 60 percent, and the Board has remanded to obtain additional VA treatment records. The Veteran also seeks TDIU due to his service-connected disabilities.

The Board denied the claim for service connection for cause of death, finding that there is no evidence linking the Veteran's death to a service-connected disability or an incident of service.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal. The Board has no jurisdiction to adjudicate the merits of this appeal at this time.

The Board has found new and relevant evidence for the claim of service connection for coronary artery disease, which is now granted. The claim for service connection for chronic obstructive pulmonary disease remains denied.

The Veteran's service connection for obstructive sleep apnea and TDIU were granted. The increased evaluation for lumbar spine disability was denied, and the service connection for heart condition and TDIU matters are remanded.