06-05 127
06-05 127
| Board of Vet. App. | Jul 31, 2017Background
- Veteran served 1967–1969; retired from state employment in 2007; college-educated and last worked in administration.
- Veteran filed for TDIU in May 2009 and has argued his service‑connected orthopedic conditions (back, knee, ankle, foot scars) and medication side effects render him unemployable.
- Since earlier exams, VA granted service connection for hypertension, tinnitus, and bilateral hearing loss; current combined rating is 80% effective May 2009.
- Prior VA exams (2011, 2012) found the Veteran capable of sedentary work; recent treatment notes (2016) document worsened pain, cane use, dizziness, and functional decline.
- Board finds need for a new VA examination addressing the impact of all service‑connected conditions (individually and combined) on work-related activities and remands for development.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to TDIU | Veteran: service‑connected orthopedic conditions and medication effects prevent lifting, standing, walking, and other work tasks; requires accommodations; currently unemployable. | VA/RO: prior examinations conclude he can perform sedentary activities; continued denial of TDIU. | Remanded for a new exam and readjudication; Board did not grant TDIU and directed further development. |
| Entitlement to an extraschedular rating | Veteran: combined effect of service‑connected disabilities may warrant rating in excess of the schedular range. | VA/RO: no extraschedular rating granted; further development needed. | Remanded for new examination and readjudication because updated evidence may affect extraschedular consideration. |
Key Cases Cited
- Brambley v. Principi, 17 Vet. App. 20 (Vet. App. 2003) (holding that development relevant to TDIU may affect extraschedular consideration)
- Jones v. Shinseki, 23 Vet. App. 382 (Vet. App. 2010) (requiring examiners to state whether opinions would require impermissible speculation)
- Kutscherousky v. West, 12 Vet. App. 369 (Vet. App. 1999) (appellant may submit additional evidence after remand)
