12-11 237
12-11 237
| Board of Vet. App. | Oct 31, 2017Background
- Veteran (Air Force, Dec 1966–Dec 1970) seeks service connection for left and right eye disorders, claiming they stem from in-service conjunctivitis.
- Service treatment records show episodes of conjunctivitis (Apr 1969, Jul 1970) and a normal visual acuity on discharge (Oct 1970).
- Post-service medical history: Veteran reports no eye symptoms until 2009; current diagnoses include blind hypertensive right eye, bilateral primary open-angle glaucoma, cataracts, optic atrophy, retinopathy, and retinal hemorrhage.
- Record contains multiple medical opinions: private optometrist (Dr. A.E.) offers possible causation theories (weakened retinal vessels from viral infection), while a February 2015 VA examiner opines "less likely than not" that in-service conjunctivitis caused the current eye conditions.
- Board finds VA opinion well-reasoned and based on lack of any published link between conjunctivitis and retinal vein occlusion/glaucoma; private opinions deemed speculative and afforded little probative weight.
- Procedural: Claims on appeal from April 2011/April 2013 RO decisions; Board denies service connection for both eyes and REMANDS TDIU claim for further development regarding employment/income since Oct 26, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection — left eye disorder | Left-eye disorder caused by in-service conjunctivitis and severe infection | No competent nexus; VA examiner: viral conjunctivitis not causative of current diagnosis | Denied — preponderance against service connection |
| Service connection — right eye disorder | Right-eye blindness caused by in-service viral conjunctivitis weakening retinal vessels leading to rupture | VA examiner: no published link; less likely than not related to service; private opinions speculative | Denied — preponderance against service connection |
| TDIU entitlement | Unable to work due to service‑connected PTSD, hearing loss, and eye disorders (claims of unemployment since 2009) | AOJ cites evidence of continued employment after 2009; insufficient record on earnings/employment | REMANDED to develop employment/income records and outstanding VA treatment records |
Key Cases Cited
- Stegall v. West, 11 Vet. App. 268 (Board remand compliance principle)
- Jandreau v. Nicholson, 492 F.3d 1372 (lay evidence can be competent for certain medical matters)
- Caluza v. Brown, 7 Vet. App. 498 (service-connection elements and nexus requirements)
- Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (medical opinions must provide supporting analysis)
- Gilbert v. Derwinski, 1 Vet. App. 49 (benefit-of-the-doubt rule standard)
- Bostain v. West, 11 Vet. App. 124 (opinions couched in speculative terms are not probative)
- King v. Shinseki, 700 F.3d 1339 (Board must weigh lay evidence and other record evidence)