The Board denied the motion to revise or reverse on the basis of clear and unmistakable error (CUE) a May 2014 rating decision denying a disability rating in excess of 10 percent for ischemic heart disease.
The deciding factor: The evidence was conflicting, and the adjudicator had to weigh the evidence and determine which was more probative. The LVEF testing was found to be more probative evidence of the Veteran's functioning, and there was not CUE on this basis.
- Claimed conditions
- Ischemic heart disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 4, 2024
- Citation
- A24063909
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Dismissed
The Veteran withdrew his appeals for increased ratings of ischemic heart disease and diabetes, and these claims are dismissed.
- Partly granted
The Board granted service connection for diabetes mellitus type II, ischemic heart disease, and hypertension from August 10, 2022, under the PACT Act. The claim for a thyroid disability was denied.
- Remanded (sent back)
The Board remands the case to request a medical opinion on whether service-connected hypertension or ischemic heart disease was a principal or contributory cause of the Veteran's death.
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