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09-18 694
09-18 694
| Board of Vet. App. | Jun 14, 2012
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Background

  • 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)
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Case Details

Case Name: 09-18 694
Court Name: Board of Veterans' Appeals
Date Published: Jun 14, 2012
Docket Number: 09-18 694
Court Abbreviation: Board of Vet. App.