11-02 668
11-02 668
Board of Vet. App.May 31, 2017Background
- Veteran served multiple periods on active duty (1998, 2001–2003, 2004–2005) and appealed a March 2008 RO decision denying a compensable rating for service‑connected sarcoidosis polyarthropathy.
- Initial diagnosis in 2004 with bilateral ankle pain and hilar adenopathy; treated with prednisone through August 2004, symptoms resolved by June 2004.
- Subsequent records (2005–2010) show no ongoing steroid treatment, normal pulmonary function tests, no pulmonary or ocular symptoms, and generally normal extremity exams.
- Veteran testified in February 2012 that condition was dormant with only minor tightness/pain and stated he was satisfied with a 0% rating.
- RO and Board obtained and reviewed VA and private medical records and provided required notice and assistance; the Board found examinations adequate and no outstanding evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to an initial compensable rating for sarcoidosis (DC 6846) | Veteran contended disease effects justify a compensable rating for sarcoidosis/polyarthropathy (ankle symptoms). | VA argued sarcoidosis produced no pulmonary/ocular involvement, required no ongoing corticosteroids, and was in remission; ankle findings did not meet motion‑limitation criteria. | Denied — evidence shows sarcoidosis asymptomatic/remitted and never required chronic/intermittent corticosteroids; no compensable rating warranted. |
| Alternative rating under ankle diagnostic code (DC 5271) | Veteran asserted functional loss of ankles from sarcoidosis merits at least a 10% rating. | VA noted normal ranges of motion in records except one limited dorsiflexion finding; no evidence of moderate/marked limitation. | Denied — record does not show moderate or marked limitation of ankle motion. |
Key Cases Cited
- Gilbert v. Derwinski, 1 Vet. App. 49 (1990) (Board must weigh evidence and explain rejections).
- Stegall v. West, 11 Vet. App. 268 (1998) (remand compliance requirement).
- Barr v. Nicholson, 21 Vet. App. 303 (2007) (competency of lay testimony for observable symptoms).
- Jandreau v. Nicholson, 492 F.3d 1372 (2007) (lay evidence competency principles).
- Davidson v. Shinseki, 581 F.3d 1313 (2009) (lay evidence competency principles).
- Gonzales v. West, 218 F.3d 1378 (2000) (Board need not discuss every piece of evidence).
- Scott v. McDonald, 789 F.3d 1375 (2015) (procedural arguments limited to those raised by veteran absent extraordinary circumstances).
- Ortiz v. Principi, 274 F.3d 1361 (2001) (benefit‑of‑the‑doubt doctrine standards).
