09-18 694
09-18 694
| Board of Vet. App. | Jun 14, 2012Background
- The Board denied service connection for eye coronary pressure and adjudicated PTSD at 50% prior to April 10, 2008, with others remanded.
- The Veteran contends eye problems are related to service and seeks a higher PTSD rating and unemployability benefits.
- Post-service records show a right-eye hemorrhage and suspected glaucoma, with family history of glaucoma, but no in-service eye diagnosis.
- VA examinations (2007) linked PTSD to significant social/occupational impairment but did not show criteria for a 70% rating pre-April 2008.
- The Board expanded the appeal to include obstructive sleep apnea and TDIU, directing remand for development, including new exams.
- Remand actions include obtaining VA treatment records, scheduling comprehensive PTSD and sleep-disorder examinations, and addressing TDIU per Rice v. Shinseki.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eye condition service connection | Eye problem linked to service. | No in-service eye diagnosis or nexus evidence. | Denied |
| PTSD rating prior to April 10, 2008 | PTSD warrants rating higher than 50%. | Evidence does not support a 70% rating pre-2008. | Denied |
| PTSD rating from April 10, 2008 | PTSD rating should be increased after April 10, 2008. | Not decided; remand required for proper assessment. | Remanded |
| Obstructive sleep apnea service connection | Sleep apnea is related to service significance. | Evidence insufficient; requires development. | Remanded |
| TDIU due to service-connected PTSD | PTSD prevents substantial gainful employment. | Requires specific TDIU filing and development. | Remanded |
Key Cases Cited
- McClendon v. Nicholson, 20 Vet. App. 79 (2006) (medical nexus requires medical evidence; not all lay assertions are competent)
- Layno v. Brown, 6 Vet. App. 465 (1994) (credibility of lay evidence may establish in-service events)
- Rice v. Shinseki, 22 Vet. App. 447 (2009) (TDIU as part of increased-rating claim analysis)
