08-07 959
08-07 959
Board of Vet. App.Jun 30, 2016Background
- Veteran served active duty 1961–1966 and is service‑connected for right eye disability rated 60% (combined 60%).
- Veteran applied for TDIU (VA Form 21‑8940, Jan 2008), asserting eye pain caused inability to work; reported college education and long work history as an accountant.
- VA obtained private and VA treatment records, and conducted eye examinations (June 2006, March 2015) and a general medical exam (May 2006).
- June 2006 VA exam recorded Veteran saying his unemployability was not due to vision; examiner noted denial of eye pain and good left‑eye vision.
- March 2015 VA examiner diagnosed right‑eye blindness but concluded the eye disability produced no functional impairment or job restrictions; private Retina Clinic records (2015) said left eye permits all activities of daily living.
- Board found VA satisfied notice and duty‑to‑assist obligations, weighed medical opinions and lay statements, and denied TDIU because evidence preponderates that the single 60% right‑eye disability did not preclude substantially gainful employment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to TDIU based solely on service‑connected right eye disability | Veteran: right eye pain and disability render him unable to secure/follow substantially gainful employment | VA/Board: medical and treatment evidence show no functional impairment from the eye that would preclude employment; examiner found left eye sufficient for ADLs | Denied — evidence preponderates that right eye disability did not cause unemployability |
Key Cases Cited
- Stefl v. Nicholson, 21 Vet. App. 120 (VA medical exams must be adequate for Board to decide)
- Acevedo v. Shinseki, 25 Vet. App. 286 (medical reports read as a whole within case context)
- Monzingo v. Shinseki, 26 Vet. App. 97 (lack of detailed rationale does not automatically render exam inadequate)
- Hatlestad v. Brown, 5 Vet. App. 524 (central inquiry for unemployability is whether service‑connected disabilities alone produce unemployability)
- Dyment v. West, 13 Vet. App. 141 (substantial compliance with Board remand avoids Stegall violation)
- Nieves‑Rodriguez v. Peake, 22 Vet. App. 295 (VA examiners are not required to review entire claims file in every case)
- Jandreau v. Shinseki, 492 F.3d 1372 (lay evidence competency for matters within personal knowledge)
- Pond v. West, 12 Vet. App. 341 (statements made for treatment generally reliable; interest may affect credibility)
- Snuffer v. Gober, 10 Vet. App. 400 (claims file review not always required for adequacy)
- D'Aries v. Peake, 22 Vet. App. 97 (context on examiner review and adequacy)
