Citation Nr: 21067668
Decision Date: 11/05/21	Archive Date: 11/05/21

DOCKET NO. 07-05 302
DATE: November 5, 2021

REMANDED

Service connection for a heart disability, to include dysrhythmia (heart racing) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from August 1976 to August 1979 and from January 1981 to January 1987.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2013 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran presented sworn testimony at a hearing before a Veterans Law Judge (VLJ) in September 2016.  In April 2021, the Veteran was notified that the VLJ who held his hearing had retired and he was offered an opportunity to have a second hearing before the Board.  As the Veteran did not respond, the Board will continue to adjudicate this claim based on the evidence of record.

The Board remanded this case for additional development in December 2016, April 2017, November 2017, January 2019, August 2020, and in June 2021.  Following the June 2021 Board decision, the RO granted service connection for rhinitis and sinusitis.  This grant represents a full grant of the benefits previously sought.  As a result, these issues are no longer before the Board.  

Heart Racing 

The Veteran seeks service connection for heart racing.  He has a diagnosis of dysrhythmia.  In previous decisions, the Board has accepted as true that this represents a disability for which service connection can be granted. See June 2021 Board decision.  Additionally, the U.S. Court of Appeals for the Federal Circuit held that "pain in the absence of a presently-diagnosed condition can cause functional impairment," which may qualify as a "disability" for VA compensation purposes.  Saunders v. Wilkie, 886 F.3d 1356, 1368 (Fed. Cir. 2018).  It is clear that dysrhythmia qualifies as a disability for VA compensation purposes. 

The August 2021 VA examiner provided a negative nexus opinion indicating that there is no objective evidence of any cardiac diagnosis.  The examiner opined that dysrhythmia is not a diagnosis but a potentially abnormal heart rhythm.  The recent holding in Saunders and well as the established case law supports that an abnormal heart rhythm, also identified as dysrhythmia, constitutes a disability for VA compensation purposes.  See 38 C.F.R. § 3.303; see also Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Hickson v. West, 12 Vet. App. 247, 253 (1999). 

In addition to asserting that his dysrhythmia is related to service, there is also a contention that this disability is secondary to the Veteran's service-connected psychiatric disability.  Regrettably, remand is necessary for a new medical opinion. 

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records.

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2. Issue an addendum medical opinion addressing whether the Veteran's dysrhythmia had its onset in service, is related to service, or is caused or aggravated by his service-connected psychiatric disability, dysthymia.  In issuing this opinion, the VA examiner must accept as true that dysrhythmia is a disability for VA compensation purposes.  

 

 

K.A. KENNERLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Ijitimehin, Kemi D.

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.