Ischemic Heart Disease VA Claim Grants

Findings of Fact (verbatim from decision)

1. The Veteran's currently diagnosed Hodgkin's lymphoma is directly related to his presumed exposure to toxins from having served on active duty at Camp Lejeune. 2. The Veteran's currently diagnosed acute myocardial infarction and coronary artery disease are proximately due to his now service-connected Hodgkin's lymphoma disability. 3. The Veteran's currently diagnosed subcutaneous pleural fistula referrable to right thorax, as well as construction of muscle flap to seal a subcutaneous pleural fistula referrable to right thorax, are proximately due to his now service-connected Hodgkin's lymphoma disability.

Reasons & Bases (verbatim from decision)

The Veteran had active-duty service from June 1968 to June 1972. This matter comes before the Board of Veterans' Appeals (Board) from a May 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that a hearing was held in December 2021 before the undersigned Veterans Law Judge. A transcript of that hearing is of record. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Service connection may be granted for any disease initially diagnosed after discharge when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service connection may be granted for a disability that is proximately due to, or aggravated by, service-connected disease or injury. 38 C.F.R. § 3.310.…

Findings of Fact (verbatim from decision)

1. The Veteran is currently diagnosed with CAD, diabetes mellitus type II, and Parkinson's disease. 2. Resolving doubt in the Veteran's favor, he was exposed to herbicide agents during service in Korat, Thailand.

Reasons & Bases (verbatim from decision)

The Veteran served on active duty in the U.S. Air Force from January 1973 to October 1976 with service in Thailand. This matter comes before the Board of Veteran's Appeals (Board) from a June 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Service Connection Generally, to establish service connection a Veteran must show: "(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease incurred or aggravated during service." Davidson v. Shinseki, 581 F.3d 1313, 131516 (Fed. Cir. 2009). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). 1. Service connection for CAD, as due to exposure to herbicide agents, is granted. 2. Service connection for diabetes mellitus type II, as due to exposure to herbicide agents, is granted. 3. Service connection for Parkinson's disease, as due to exposure to herbicide agents, is granted.…

Findings of Fact (verbatim from decision)

1. During the period on appeal, the Veteran's CAD is reasonably shown to have been manifested by a workload limited to 3 METs or less. 2. Based on the grant of an initial 100 percent rating for CAD (by this decision), the Veteran is in receipt of a 100 percent rating solely for CAD and had additional service-connected disabilities rated at 60 percent or more from March 17, 2011.

Reasons & Bases (verbatim from decision)

The Veteran had active-duty service from October 1967 to October 1970 and had additional service from October 1970 to August 1971, with a character of discharge that bars the receipt of VA benefits for this period. The Veteran died in March 2016, and the Veteran's surviving spouse has been substituted as the Appellant. This case is before the Board of Veterans' Appeals (Board) on appeal from rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). In an October 2018 decision, the Board found that a timely substantive appeal had not been filed and subsequently dismissed the issues pertaining to increased ratings for CAD and entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU), and remanded the service connection claims for chronic obstructive pulmonary disease (COPD) and hepatitis C. The Veteran appealed the October 2018 Board decision to the Court of Appeals for Veteran's Claims (the Court). In June 2020, the Court issued a Memorandum decision and vacated and remanded the issues pertaining to increased ratings for CAD and entitlement to a TDIU. In May 2021, the Board denied a claim in excess of 30 percent for the Veteran's CAD, service connection claims for hepatitis C and COPD, and claim for TDIU.…

Findings of Fact (verbatim from decision)

The Veteran's coronary artery disease s/p MI, has been aggravated beyond natural progression by his service-connected psychiatric disability.

Findings of Fact (verbatim from decision)

1. A November 2001 rating decision denied service connection for CAD. The Veteran did not appeal or submit new and material evidence within a year of the rating decision; thus, the November 2001 rating decision became final. At the time of the November 2001 rating decision, the record did not contain evidence that the Veteran suffered an in-service event or injury or nexus. After the rating decision, the Veteran stated that the stress endured during active duty caused his CAD and provided medical evidence. This new and material evidence raises a reasonable possibility of substantiating the claim. 2.…

Reasons & Bases (verbatim from decision)

The Veteran served on active duty from November 1971 to November 1976. He appeals a November 2017 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). A Veteran is entitled to VA disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. See 38 U.S.C. § 1110. Generally, to establish a right to compensation for a present disability, a veteran must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called "nexus" requirement. See Shedden v. Principi, 381 F.3d 1163, 1167 (2004). The determination of whether the requirements of service connection have been met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value. See Baldwin v. West, 13 Vet. App. 1, 8 (1999). When there is an approximate balance of evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each issue shall be given to the claimant. See 38 U.S.C. § 5107; 38…