Heart disability denial contained legal error, Court rules

Heart disability denial contained legal error, Court rules

CCK successfully appealed to the Court of appeals for Veterans Claims a Board decision that denied a veteran service connection for a heart disability.  In its decision, the Board relied on a March 2012 VA examination to determine that the record did not support an etiological link between the Veteran’s current heart disability and active service.

CCK argued, and the Court agreed, that the Board erred when it relied on that opinion because it was based on the inaccurate factual premise that the Veteran’s tachycardia episode noted in service was a report from the Veteran and not a diagnosis.  The Court agreed that it “appears that the examiner only reviewed the separation examination report that recounted the 1972 episode of tachycardia instead of the actual service record[.]”  The Court remanded the case back to the Board for a new examination and adjudication consistent with the decision.

Category: Court Wins