06-34 081
06-34 081
Board of Vet. App.May 31, 2017Background
- Veteran served on active duty Sept 1967–Aug 1968; represented by counsel and testified at VA hearings in 2011 and 2015.
- Service‑connected disabilities: depressive disorder (50%); Osgood‑Schlatter’s disease, left knee (10%); Osgood‑Schlatter’s disease, right knee (10%); lateral instability left knee (10%); lateral instability right knee (10%). Combined rating: 70%.
- Last full‑time employment: welder, ended Aug 2000 when plant closed. Education: high‑school (12th grade).
- Medical and vocational records show limitations in lifting, carrying, stooping, kneeling, walking and environmental restrictions; June 2016 exams found capability limited to sedentary work and occupational impairment from depression (reduced reliability/productivity).
- Board found the evidence in equipoise as to whether service‑connected disabilities singly or in combination preclude substantially gainful employment and, resolving reasonable doubt in favor of the Veteran, granted a TDIU.
- Claims for bilateral hip degenerative joint disease claimed as secondary to service‑connected knee conditions were REMANDED for an opinion from an appropriate specialist addressing causation/ aggravation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to TDIU | Veteran: service‑connected knees and depression prevent consistent work; vocational record and exam evidence support unemployability | VA/RO: argued existing schedular ratings do not establish unemployability (implicit) | Granted — evidence in equipoise; reasonable doubt resolved for Veteran; TDIU awarded |
| Service connection: left hip (secondary to knees) | Veteran: left hip DJD caused/aggravated by service‑connected knee conditions | May 2014 VA examiner: no causal link between Osgood‑Schlatter and hip DJD | Remanded — VA opinion found inadequate; specialist opinion requested addressing causation/aggravation |
| Service connection: right hip (secondary to knees) | Veteran: right hip DJD caused/aggravated by service‑connected knee conditions | May 2014 examiner: no causal link | Remanded — same as left hip; obtain specialist opinion |
Key Cases Cited
- Hatlestad v. Brown, 5 Vet. App. 524 (Vet. App. 1993) (central inquiry whether service‑connected disabilities alone produce unemployability)
- Van Hoose v. Brown, 4 Vet. App. 361 (Vet. App. 1993) (focus on veteran’s ability to perform acts required by employment, not ability to find work)
- Geib v. Shinseki, 733 F.3d 1350 (Fed. Cir. 2013) (ultimate TDIU determination is an adjudicative, not medical, determination)
- Floore v. Shinseki, 26 Vet. App. 376 (Vet. App. 2013) (VA not required to obtain a medical opinion on combined effects when record and adjudication can support decision)