12-16 295
12-16 295
| Board of Vet. App. | Nov 30, 2017Background
- Veteran served on active duty Feb 1966–Jan 1968 and appealed a July 2011 RO rating decision denying TDIU.
- Service-connected conditions include penile conditions, major depression, coronary artery disease, bilateral hearing loss, tinnitus, and scars; nonservice-connected problems include left shoulder rotator cuff tear, left knee, and back conditions.
- Veteran and spouse testified at a July 2013 Board hearing; multiple lay statements and letters (2009–2015) describe functional limitations and medication effects.
- An August 2017 private vocational assessment (Z.T.F.) opined Veteran was unemployable due to service-connected disabilities since 2009, but it omitted discussion of several lay statements, nonservice-connected conditions, later VA exam records, and medication effects.
- The Board found the vocational assessment inadequate and that no single VA exam addressed combined occupational impairment from service-connected disabilities, so remand for a VA examination and readjudication was ordered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to TDIU | Veteran: service-connected disabilities preclude substantially gainful employment since Sept 2009 | RO/VA: prior decisions denied TDIU; record lacks adequate nexus showing combined occupational impairment | Remanded for further development (new VA exam and readjudication) |
| Adequacy of vocational evidence/exam | Vocational report supports unemployability | VA: vocational report omitted relevant lay statements, nonservice conditions, meds, and more recent VA exam findings | Vocational report deemed inadequate; order for comprehensive VA examination covering combined effects, meds, timeline, and lay testimony |
Key Cases Cited
- Kutscherousky v. West, 12 Vet. App. 369 (1999) (VA must allow submission of additional evidence after remand and provide opportunity to respond)
