The Veteran's service connection claim for a heart condition is denied. The February 1979 rating decision reducing the back disability rating from 40% to 20% is not subject to revision on the basis of clear and unmistakable error. TDIU is granted effective October 31, 2012.
The deciding factor: The Veteran has not been diagnosed as having a heart condition that can be presumed to have resulted from service exposure to herbicide agents. There is no competent evidence linking his enlarged heart to an event or injury in service.
- Claimed conditions
- heart condition, back disability, left lower extremity radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2018
- Citation
- 1829126
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1829126.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for a heart condition, including ischemic heart disease. The evidence did not support a finding of a current disability related to service.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
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