Citation Nr: 21002272 Decision Date: 01/13/21 Archive Date: 01/13/21 DOCKET NO. 18-50 105A DATE: January 13, 2021 ORDER Entitlement to an initial compensable rating prior to December 20, 2014 and a 10 percent rating thereafter for coronary artery disease (CAD) is denied. FINDINGS OF FACT 1. Prior to December 20, 2014, there is no evidence of metabolic equivalent (MET) testing showing that the Veteran develops dyspnea, fatigue, angina, dizziness, or syncope at a workload greater than 10 METs, and no evidence that continuous medication is not required to treat the disease. 2. From December 20, 2014, the evidence shows that continuous medication is required to treat the Veteran’s CAD, but, with respect to metabolic equivalent (MET) testing, the Veteran reported he did not develop any of the following symptoms with any level of physical activity: dyspnea, fatigue, angina, dizziness, or syncope. CONCLUSION OF LAW 1. The criteria for entitlement to an initial compensable rating prior to December 20, 2014 and a 10 percent rating thereafter for CAD have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.3, 4.100, 4.104, DC 7005. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service in the U.S. Air Force from October 1954 to December 1974. Duty to Notify and Assist. The Veteran has not raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that “the Board’s obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board.”); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument). Additionally, the Board notes that in a December 2020 email correspondence it was reported that the Veteran’s spouse had contacted VA to inform them that the Veteran had dementia and was not able to attend appointments. Accordingly, scheduling any additional examinations would be futile given that the Veteran cannot attend. 1. Entitlement to an initial compensable rating prior to December 20, 2014 and a 10 percent rating thereafter for CAD is denied. The Veteran is seeking a higher rating for his service-connected CAD. The Veteran is in receipt of an initial noncompensable rating prior to December 20, 2014 and a 10 percent rating thereafter for his service-connected CAD under DC 7005, which governs ratings for arteriosclerotic heart disease (CAD). 38 C.F.R. § 4.104. Under DC 7005, a 10 percent rating is warranted for documented CAD resulting in a workload of greater than 7 METs but not greater than 10 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; continuous medication required. A 30 percent rating is warranted for documented CAD resulting in a workload of greater than 5 METs but not greater than 7 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; evidence of cardiac hypertrophy or dilatation on electrocardiogram, echocardiogram, or x-ray. A 60 percent rating is warranted for documented CAD resulting in more than one episode of acute congestive heart failure in the past year, or; workload of greater than 3 METs but not greater than 5 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of 30 to 50 percent. A maximum, 100 percent rating is warranted for documented CAD resulting in chronic congestive heart failure, or; workload of 3 METs or less results in dyspnea, fatigue, angina, dizziness, or syncope, or; left ventricular dysfunction with an ejection fraction of less than 30 percent. Turning to the relevant medical evidence, in the December 2014 Disability Benefits Questionnaire submitted by the Veteran, the provider noted a diagnosis of CAD. The provider noted that the Veteran takes continuous medication for his heart condition. According to the December 2014 DBQ, he has not had a myocardial infarction, congestive heart failure (CHF), chronic CHF, or any episodes of acute CHF in the past year. The Veteran has not been admitted for treatment of acute CHF, nor has the Veteran had a cardia arrhythmia. The Veteran does not have a heart valve condition, any infectious heart conditions, or pericardial adhesions. With respect to METs testing, the provider noted that the Veteran denied experiencing symptoms of dyspnea, fatigue, angina, dizziness, or syncope with any level of physical activity. The evidence does not show that a compensable rating is warranted for CAD prior to December 20, 2014, as the evidence does not show documented CAD resulting in a workload of greater than 7 METs but not greater than 10 METs results in dyspnea, fatigue, angina, dizziness, or syncope, or; continuous medication required. Furthermore, the Board finds that a rating in excess of 10 percent for the Veteran’s CAD is not warranted from December 20, 2014. At no point during the appeal period does the evidence show CAD resulting in a workload of greater than 5 METs but not greater than 7 METs resulting in dyspnea, fatigue, angina, dizziness, or syncope, or; evidence of cardiac hypertrophy or dilatation on electrocardiogram, echocardiogram, or x-ray. In fact, in the December 2014 DBQ, the Veteran did not report experiencing symptoms of dyspnea, fatigue, angina, dizziness, or syncope with any level of physical activity. Given the above, entitlement to an initial compensable rating prior to December 20, 2014 and a 10 percent rating thereafter for CAD is not warranted. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. E. Grossman, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.