The Veteran's claim for service connection for a heart condition was reopened as new and material evidence was submitted, but the increased rating claim for varicose veins of the right leg was denied.
The deciding factor: The decision was based on the lack of persistent ulceration in the Veteran's case, which is required for a higher 60 percent rating under the applicable diagnostic code.
- Claimed conditions
- heart condition, varicose veins of the right leg, degenerative arthritis of the right knee, peripheral neuropathy of the right leg
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 5, 2009
- Citation
- 0908250
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for GERD, a heart condition, hypertension, a kidney condition, and obstructive sleep apnea as there is no evidence of current disabilities related to these conditions or that they are etiologically linked to the Veteran's military service.
- Remanded (sent back)
The Board remands the claim for a new medical opinion to address whether the Appellant's heart condition had onset during his period of ACDUTRA service.
- Denied
The Board denied service connection for cervical spine condition, diabetes mellitus, heart condition, lumbar spine condition, and urinary frequency and voiding condition as there was no evidence of a current diagnosis or in-service incurrence or aggravation.
- Remanded (sent back)
The Board remands the matter to obtain a medical opinion on the nature and etiology of the Veteran's heart condition, considering potential service connection under the PACT Act.
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