BVA Case 18-4475: Back

Dotson appeals,pro se,a December 20,2017,Board of Veterans'Appeals (Board)decision that denied revision of an April 19,2013,Board decision based on clear and unmistakable error (CUE)to the extent the Board denied a compensable disability rating for organic heart disease with mitral valve prolapse and to the extent the Board denied an increased rating for paroxysmal supraventricular tachycardia (SVT)(previously characterized as paroxysmal atrial fibrillation)effective during the period from January 22,1998,to April 17,2010.

This appeal is timely because it was filed within 120 days after the Board denied a motion for reconsideration of the December 2017 Board decision.

Dotson appealed, and in a July 1987 decision,the Board denied a rating greater than 10% for organic heart disease with proximal atrial fibrillation and mitral valve prolapse,noting that the appeal had stemmed from a rating decision that reduced the rating from 30%to 10%,effective May 1, 1986.

March 2005 Board Decision and Remand In a March 2005 decision,the Board denied entitlement to service connection for hypertension (also characterized as hypertensive vascular disease).

April 2006 Board Decision and March 2007 Court Remand In an April 2006 decision,the Board denied entitlement to a rating greater than 10%for a cardiovascular disability currently manifested by palpitations,paroxysmal SVT, and panic attacks.

February 2012 Board decision In a February 2012 decision,the Board addressed the issue of entitlement to service connection for organic heart disease with proximal atrial fibrillation and mitral valve prolapse;the Board noted that the RO had granted service connection for this disability in an August 1984 rating decision and that [i]n a November 1998 rating decision the Veteran's disability was restyled as paroxysmal [SVT]only ;and the Board ordered that the 1984 grant of service connection for organic heart disease was protected because service connection had been in effect for organic heart disease for more than 10 years.

February 2014 Board Decision and September 2014 Court Dismissal and Remand In a February 2014 decision,the Board denied entitlement to service connection for hypertensive vascular disease secondary to organic heart disease with paroxysmal atrial fibrillation and mitral valve prolapse,and entitlement to rating greater than 10%for paroxysmal SVT during the period since April 17,2010.

December 2017 Board Decision In the December 2017 decision on appeal,the Board found that Mr.