CAVC Case 18-4475: Heart

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2017-12-20 · PIETSCH, Judge

This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

per month ·  per year, tax-free

Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.

2026 base rates, all ratings (veteran alone)
RatingMonthly (2026, incl. 2.8% COLA)
10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
See your full claim picture — free
Outcome
Denied / Dismissed / Remanded
Decision Date
2017-12-20
Judge
PIETSCH, Judge
Service Era
Not specified

Conditions Claimed

HeartHypertension

Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.

Issues on Appeal

Service ConnectionIncreased Rating

Why It Was Decided This Way

The appellant 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.

The appellant 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 the appellant.

Authorities Cited

Bastien v. ShinsekiBethea v. DerwinskiCarbino v. GoberCarbino v. WestCoker v. NicholsonCoker v. PeakeCook v. PrincipiCromer v. NicholsonDe Perez v. DerwinskiEddy v. BrownEvans v. WestForcier v. NicholsonFrankel v. DerwinskiFugo v. BrownGilbert v. DerwinskiHyder v. DerwinskiIngram v. NicholsonJordan v. PrincipiKing v. NicholsonKirkpatrick v. NicholsonMaggitt v. WestMokal v. DerwinskiNewhouse v. NicholsonNutt v. GenPatterson v. BrownRobinson v. PeakeRomero v. BrownRussell v. PrincipiSee Bond v. DerwinskiSee Breeden v. Principi

Denial Type

Inadequate Exam

Find Similar Decisions for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →
Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.

VetAid is a free veterans claims tool, not a VA-accredited representative — it does not file anything with VA for you, and it works alongside your accredited VSO, claims agent or attorney. About VetAid