BVA Case 24007538: Heart

BVAReal Board of Veterans' Appeals decision · February 13, 2024 · C.B. Iwanowski

Outcome
Remanded
Decision Date
February 13, 2024
Judge
C.B. Iwanowski
Service Era
July 1973 to July 1976

Conditions Claimed

HeartRespiratoryEye

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
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Issues on Appeal

HeartRespiratoryEye

Why It Was Decided This Way

20-28 557 ; DATE: February 13, 2024 ORDER New and material evidence having been received, the previously denied claim for entitlement to service connection for cardiomyopathy (claimed as a cardiology condition/heart disease) is reopened.

New and material evidence having been received, the previously denied claim for entitlement to service connection for congestive heart failure (claimed as a cardiology condition/heart disease) is reopened.

New and material evidence having been received, the previously denied claim for entitlement to service connection for a respiratory condition, claimed as pneumonia, is reopened.

The evidence received since the November 2007 rating decision is new and material as to the claim for cardiomyopathy, and the claim is reopened.

The evidence received since the August 2004 rating decision is new and material as to the claim for congestive heart failure, and the claim is reopened.

The evidence received since the August 2004 rating decision is new and material as to the claim for pneumonia, and the claim is reopened.

New and Material Evidence As a threshold matter, the Board must determine whether new and material evidence has been submitted to reopen a previously denied claim.

In order to reopen a claim, there must be added to the record "new and material evidence.

Authorities Cited

Barnett v. BrownClemons v. ShinsekiDuran v. BrownGilbert v. DerwinskiHickson v. ShinsekiJustus v. PrincipiReiber v. BrownSee Jackson v. PrincipiSee Shade v. ShinsekiWallin v. West

Regulations Cited (38 CFR / 38 USC)

38 CFR 20.130338 CFR 3.10438 CFR 3.15638 CFR 3.156 (c)(1)(i)38 CFR 3.156(a)38 CFR 3.156(b)38 CFR 3.310 (a)38 USC 510738 USC 510838 USC 710438 USC 7105 (b)38 USC 7105 (c)

Denial Type

Credibility|No Nexus|Not New Material|Duty To Assist

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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.