Ischemic heart disease decisions — 2024

The Board found that the grants of service connection for TBI to include PTSD and vertigo, as well as post traumatic headaches (migraines), were clearly and unmistakably erroneous due to the Veteran's willful misconduct during military service. The appeal is denied.

The Board has remanded the claims of service connection for sleep apnea and heart disorder due to insufficient medical opinions addressing whether the Veteran's right knee disability caused or aggravated his obesity, which in turn could have caused his sleep apnea and/or heart disorder.

The Veteran's bilateral lower extremities disability, including radiculopathy and neuropathy, is being remanded for further examination to determine its etiology.,The restoration of the 60 percent initial rating for the Veteran's coronary artery disease (CAD) remains granted.,TDIU based on service-connected disabilities prior to November 4, 2020, is granted.

The Veteran's service connection claims for coronary artery disease, type II diabetes mellitus, and hypertension are granted as these conditions are presumed to be associated with exposure to Agent Orange during his service at or near the Korean DMZ.

The Board denied the Veteran's claims of service connection for a heart condition and prostate cancer, finding no evidence to support these conditions were caused by toxic exposure during service.

The Veteran's claims for service connection have been reopened, but the Board has found that additional evidence is needed to determine if these conditions are related to his military service. The cases are being remanded for further examination and opinion.

The Veteran's appeal for direct payment of fees from a past-due benefits decision has been withdrawn by the appellant, leading to its dismissal.

The Board has denied service connection for coronary artery disease and prostate cancer, but has remanded the claim for a left shoulder disorder due to lack of evidence.

The Board has found that the Veteran requires personal care services for a minimum of six continuous months based on need for supervision, protection, or instruction. The appeal is remanded to determine if the Veteran is eligible for Family Caregiver benefits under VA regulations.

The Veteran's claim for TDIU was denied as there was no prior claim or reasonable inference of the need for TDIU before February 2020. The Board found that the evidence did not support a finding of employment in a protected work environment.

The Veteran's claim for an earlier effective date for SMC based on the need for regular aid and attendance of another person was denied as he did not meet the criteria for such benefits prior to October 25, 2021.

The Veteran's bladder cancer, diabetes mellitus type II and heart disease are granted service connection as they are presumed to be due to herbicide exposure during his military service.

The Veteran's claim for an effective date earlier than May 21, 2003, for service connection for lumbar degenerative disc disease/spondylosis due to clear and unmistakable error in the July 2009 rating decision was denied.,The Veteran's claim for an effective date earlier than January 21, 2016, for service connection for atherosclerotic cardiovascular disease (ASCVD) with stent placement and valvular heart disease was denied.,Initial compensable ratings for peripheral vascular disease (PVD), right lower extremity (RLE), and left lower extremity (LLE), were denied.

The Veteran's PTSD was granted a 70 percent rating effective April 21, 2021. The appeal for increased ratings prior to that date remains pending.

The Veteran's claim for an earlier effective date for a 100 percent evaluation for hypothyroidism was denied as the earliest possible date for which service connection may be awarded is July 6, 2021.,The Veteran's claim for a rating in excess of 10 percent for CAD was denied as his condition does not meet the criteria for an increased rating.

The Board has denied the Veteran's claim of service connection for a heart problem, finding that there is no evidence to support a link between his current condition and his military service.

The Veteran's heart disability, including coronary artery disease and old myocardial infarction, is not found to be secondary to his service-connected major depressive disorder.

The Board has found that the appellant does not have a current disability for which service connection can be granted, including for heart conditions, acquired psychiatric disorders (anxiety and depression), hypertension, cervical spine condition, bilateral shoulder conditions, elbow conditions, wrist conditions, hip conditions, knee conditions, ankle conditions, or foot conditions. The claims are being remanded to obtain appropriate medical examinations and opinions.,The Board has found that the appellant does not have a current disability for which service connection can be granted, including for heart conditions, acquired psychiatric disorders (anxiety and depression), hypertension, cervical spine condition, bilateral shoulder conditions, elbow conditions, wrist conditions, hip conditions, knee conditions, ankle conditions, or foot conditions. The claims are being remanded to obtain appropriate medical examinations and opinions.

The appeal of service connection for blisters, cervical strain, incontinence, heart disease, and diabetes mellitus has been dismissed as the VA Form 10182 was submitted after the Veteran's death.

The Veteran's appeal for attorney fees from past-due benefits awarded in a September 2022 Rating Decision is dismissed as the contesting claimant has waived her eligibility for fees.