Citation Nr: 21003667
Decision Date: 01/22/21	Archive Date: 01/22/21

DOCKET NO. 16-49 649
DATE: January 22, 2021

REMANDED

Entitlement to a higher initial rating for coronary artery disease (CAD) in excess of 10 percent from September 8, 2010 is remanded.

REASONS FOR REMAND

Entitlement to a higher initial rating for CAD in excess of 10 percent from September 8, 2010 is remanded.

The Veteran served on active duty from April 1968 to December 1969. 

This matter is on appeal from a July 2012 rating decision issued by the Regional Office (RO) in Indianapolis, Indiana, which granted service connection and initially rated the CAD at 10 percent from September 8, 2010. The Veteran filed a notice of disagreement in June 2013. A statement of the case was issued in August 2016. The Veteran filed a substantive appeal in October 2016, requesting that a Board hearing be scheduled. The Veteran subsequently withdrew the hearing request in March 2017 correspondence. 

This matter was previously before the Board in July 2019. The Board denied the appeal for a higher initial rating for CAD in excess of 10 percent from September 8, 2010.  The Veteran appealed the July 2019 Board decision to the U.S. Court of Appeals for Veterans Claims (CAVC).   

A July 2020 Order by CAVC adopted a Joint Motion for Remand (JMR) filed by the parties. The parties agreed that the Board erred when it relied on the July 2016 VA examination, which was agreed to be inadequate because the VA examiner did not consider relevant medical history. The parties also agreed that the July 2016 VA examiner incorrectly stated that there was no documentation of arteriosclerotic heart disease. See January 2002 VA Treatment Record; February 2003 VA Treatment Record; August 2003 VA Treatment Record; February 2004 VA Treatment Record; August 2006 VA Treatment Record. 

Based on the agreement of the parties before the Court, the Board finds that a VA examination is likely to assist in determining whether the Veteran is entitled to a higher initial rating for CAD in excess of 10 percent from September 8, 2010.

The issue is REMANDED for the following action:

Request a VA examination of the CAD. The VA examiner’s review of the evidence should include VA treatment records from January 2002, February 2003, August 2003, February 2004, and August 2006.

 

 

J. PARKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Costantino, 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.