Citation Nr: 21073191
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 20-13 404
DATE: December 7, 2021

REMANDED

Entitlement to a rating in excess of 30 percent prior to August 12, 2019 and in excess of 60 percent from August 12, 2019 for coronary artery disease (CAD) status post myocardial infarction status and post stent replacement is remanded. 

REASONS FOR REMAND

The Veteran served honorably in the Army from August 1965 to August 1967. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) that continued the 30 percent rating for CAD status post myocardial infarction status post stent placement. 

During the pendency of the appeal, in a January 2020 rating decision, the Agency of Original Jurisdiction (AOJ) granted a rating of 60 percent effective August 12, 2019. 

The Veteran was afforded a Board Hearing in November 2021 with the undersigned Veteran Law Judge (VLJ). The transcript is of record. At the Board Hearing the Veteran waived AOJ consideration. 

Entitlement to a rating in excess of 30 percent prior to August 12, 2019 and in excess of 60 percent from August 12, 2019 for CAD status post myocardial infarction status and post stent replacement is remanded.

In the November 2021 Board Hearing, the Veteran asserted that his condition has continued to deteriorate. The Veteran described symptoms such as abnormal breathing rhythm, having several bad falls, and increased dizziness, fatigue, and angina. 

The Veteran was last afforded a VA examination (VAX) in 2019. Accordingly, as the Board Hearing suggests a worsening of the Veteran's disability, a new VAX is needed to determine the current severity of the Veteran's service-connected CAD. See Snuffer v. Gober, 10 Vet. App. 400 (1997).

The matter is REMANDED for the following action:

Schedule the Veteran for a VAX with a cardiologist to determine the nature and severity of his service-connected CAD. The Veteran's electronic claims file and a copy of this REMAND must be available to the examiner. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Smith, 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.