Van Hoose v. Brown, 4 Vet. App. 361 (Vet. App. 1993). · Go Syfert
Van Hoose v. Brown, 4 Vet. App. 361 (Vet. App. 1993). Cases Citing This Book View Copy Cite
“a high rating in itself is a recognition that the impairment makes it difficult to obtain and keep employment. the question is whether the veteran is capable of performing the physical and mental acts required by employment . . . .”
325 citation events (325 in the last 25 years) across 3 distinct courts.
Strongest positive: Joseph Labruzza and Randall G. McBride v. Denis McDonough (cavc, 2024-01-24)
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examined Cited as authority (verbatim quote) Joseph Labruzza and Randall G. McBride v. Denis McDonough (3×) also: Cited "see"
Vet. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a high rating in itself is a recognition that the impairment makes it difficult to obtain and keep employment. the question is whether the veteran is capable of performing the physical and mental acts required by employment . . . .
cited Cited as authority (rule) 200226-72475
Board of Vet. App. · 2021 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 200519-85154
Board of Vet. App. · 2021 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 210503-157165
Board of Vet. App. · 2021 · confidence medium
Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 210421-154492 (2×)
Board of Vet. App. · 2021 · confidence medium
Neither nonservice-connected disabilities nor advancing age may be considered in the determination. 38 C.F.R. §§ 3.341 , 4.19 (2019); Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 18-30 031
Board of Vet. App. · 2021 · confidence medium
The question is whether the veteran is capable of performing the physical and mental acts required by employment, not whether the veteran can find employment. 38 C.F.R. § 4.16 (a); Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 201118-123447
Board of Vet. App. · 2021 · confidence medium
Consideration may be given to the Veteran's level of education, special training, and previous work experience, but age and impairment caused by nonservice-connected disabilities are not factors for consideration. 38 C.F.R. §§ 3.341 , 4.19; Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 210105-133978
Board of Vet. App. · 2021 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 190424-53339
Board of Vet. App. · 2020 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 191203-47513
Board of Vet. App. · 2020 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 181105-1107
Board of Vet. App. · 2020 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 200421-82758
Board of Vet. App. · 2020 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 191030-41222
Board of Vet. App. · 2020 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 191209-47815
Board of Vet. App. · 2020 · confidence medium
The question is whether the veteran is capable of performing the physical and mental acts required by employment, not whether the veteran can find employment.” Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 191209-47815
Board of Vet. App. · 2020 · confidence medium
The question is whether the veteran is capable of performing the physical and mental acts required by employment, not whether the veteran can find employment.” Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 191010-36850
Board of Vet. App. · 2020 · confidence medium
In determining whether unemployability exists, consideration may be given to the veteran’s level of education, special training and previous work experience, but not to his age or to any impairment caused by nonservice-connected disabilities. 38 C.F.R. §§ 3.341 , 4.16, 4.19; Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 191018-38054
Board of Vet. App. · 2020 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 190919-32085
Board of Vet. App. · 2020 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 190508-8774
Board of Vet. App. · 2019 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 191120-44140
Board of Vet. App. · 2019 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 190114-3049
Board of Vet. App. · 2019 · confidence medium
Neither non-service-connected disabilities nor advancing age may be considered in the determination. 38 C.F.R. §§ 3.341 , 4.19; Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 181002-5457
Board of Vet. App. · 2019 · confidence medium
The question is whether the veteran is capable of performing the physical and mental acts required by employment, not whether the veteran can find employment. 38 C.F.R. § 4.16 (a); Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 190206-2677
Board of Vet. App. · 2019 · confidence medium
Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 190103-2079 (2×) also: Cited "see"
Board of Vet. App. · 2019 · confidence medium
Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 190610-7419 (2×) also: Cited "see"
Board of Vet. App. · 2019 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 181224-2042
Board of Vet. App. · 2019 · confidence medium
Neither nonservice-connected disabilities nor advancing age may be considered in the determination. 38 C.F.R. §§ 3.341 , 4.19; Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 181218-1440
Board of Vet. App. · 2019 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 180814-240
Board of Vet. App. · 2019 · confidence medium
Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) Eddie D. Ray v. Robert L. Wilkie
Vet. App. · 2019 · confidence medium
Br. at 10. 99 See Ortiz-Valles, 28 Vet.App. at 71 (noting that "substantially gainful employment" is employment "capable of producing income that is more than marginal—i.e., with income that exceeds the amount published by the U.S. Department of Commerce for the poverty threshold for one person"). 100 Pederson, 27 Vet.App. at 286 . 101 Van Hoose v. Brown, 4 Vet.App. 361, 363 (1993) (emphasis in original). 102 Gleicher v. Derwinski, 2 Vet.App. 26, 28 (1991). 103 Washington v. Derwinski, 1 Vet.App. 459, 465 (1991). 15 in a substantially gainful occupation must consider both that person's abili…
cited Cited as authority (rule) 181017-593
Board of Vet. App. · 2019 · confidence medium
Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 180822-130
Board of Vet. App. · 2019 · confidence medium
In determining whether unemployability exists, consideration may be given to the Veteran’s level of education, special training and previous work experience, but not to his age or to any impairment caused by nonservice- connected disabilities. 38 C.F.R. §§ 3.341 , 4.16, 4.19; Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 181019-750
Board of Vet. App. · 2018 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 180620-263
Board of Vet. App. · 2018 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 11-21 053
Board of Vet. App. · 2018 · confidence medium
Analysis To the extent that the TDIU analysis involves whether a veteran could at the relevant time perform the physical and mental acts required by employment, see Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 10-43 904
Board of Vet. App. · 2018 · confidence medium
Neither nonservice-connected disabilities nor advancing age may be considered in the determination. 38 C.F.R. §§ 3.341 , 4.19 (2017); Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 00-15 037
Board of Vet. App. · 2018 · confidence medium
Neither nonservice-connected disabilities nor advancing age may be considered in the determination. 38 C.F.R. §§ 3.341 , 4.19; Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 08-29 726
Board of Vet. App. · 2017 · confidence medium
App. 289, 293 (1992) and Van Hoose, 4 Vet.
cited Cited as authority (rule) 10-04 213
Board of Vet. App. · 2017 · confidence medium
Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 11-14 947
Board of Vet. App. · 2017 · confidence medium
In determining whether unemployability exists, consideration may be given to the Veteran's level of education, special training and previous work experience, but not to his age or any impairment caused by nonservice-connected disabilities. 38 C.F.R. §§ 3.341 , 4.16, 4.19; Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 12-22 305
Board of Vet. App. · 2017 · confidence medium
Neither nonservice-connected disabilities nor advancing age may be considered in the determination. 38 C.F.R. §§ 3.341 , 4.19; Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 07-36 329
Board of Vet. App. · 2017 · confidence medium
App. 289, 293 (1992); Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 13-21 943
Board of Vet. App. · 2017 · confidence medium
Neither nonservice-connected disabilities nor advancing age may be considered in the determination. 38 C.F.R. §§ 3.341 , 4.19 (2009); Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 09-26 392 (2×) also: Cited "see"
Board of Vet. App. · 2017 · confidence medium
See 38 C.F.R. §§ 3.340 , 4.16(a); Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 10-42 967
Board of Vet. App. · 2017 · confidence medium
Neither nonservice-connected disabilities nor advancing age may be considered in the determination. 38 C.F.R. §§ 3.341 , 4.19; Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 06-34 081
Board of Vet. App. · 2017 · confidence medium
Neither nonservice-connected disabilities nor advancing age may be considered in the determination. 38 C.F.R. §§ 3.341 , 4.19; Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 10-29 125 (2×) also: Cited "see"
Board of Vet. App. · 2017 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 08-32 159
Board of Vet. App. · 2017 · confidence medium
Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 11-31 746 (2×) also: Cited "see, e.g."
Board of Vet. App. · 2016 · confidence medium
Van Hoose v. Brown, 4 Vet.
cited Cited as authority (rule) 09-08 630
Board of Vet. App. · 2016 · confidence medium
Van Hoose v. Brown, 4 Vet.
discussed Cited as authority (rule) 10-47 233
Board of Vet. App. · 2016 · confidence medium
Individual unemployability must be determined without regard to any nonservice-connected disabilities or the veteran's advancing age. 38 C.F.R. § 3.341 (a); see also 38 C.F.R. § 4.19 (age may not be a factor in evaluating service- connected disability or unemployability); Van Hoose v. Brown, 4 Vet.
Willard VAN HOOSE
v.
Jesse BROWN, Secretary of Veterans Affairs
No. 91-1645.
United States Court of Appeals for Veterans Claims.
Mar 11, 1993.
4 Vet. App. 361
Michael P. Horan, Columbia, MD, was on the brief, for appellant., James A. Endicott, Jr., Killeen, TX, Gen. Counsel, David T. Landers, Acting Asst. Gen. Counsel, and R. Randall Campbell, Washington, D.C., Deputy Asst. Gen. Counsel, were on the brief, for appellee.
Holdaway, Ivers, Kramer.
Cited by 221 opinions  |  Published
HOLDAWAY, Associate Judge:

Appellant, Willard Van Hoose, appeals an August 12, 1991, decision of the Board of Veterans’ Appeals (BVA or Board), which denied entitlement to a total disability rating based upon individual unemploya-bility.

BACKGROUND

Appellant had active service from July 1941 to August 1945. In 1946, appellant received a 10% disability rating for service-connected pes planus. In 1965, appellant received a 10% disability rating for service-connected hearing loss. In 1967, appellant was forced to leave his job as a construction worker due to diabetes. He has been unemployed since that time. He applied for service connection for diabetes in 1968. On October 2, 1968, the Department of Veterans Affairs (formerly the Veterans’ Administration) (VA) Regional Office (RO) denied his claim.

In 1981, appellant submitted a claim to increase the evaluation for his service-connected disabilities, and to reopen his claim for service connection for diabetes. On April 13, 1982, the VARO continued appellant’s 10% disability rating for pes planus, increased his evaluation for hearing loss to 40% disabling, and concluded no “new and material” evidence had been submitted to reopen appellant’s claim for service connection for diabetes. In 1988, appellant again claimed an increased evaluation for his service-connected disabilities. In November 1988, the VARO increased appellant’s disability rating for hearing loss to 70%. In December 1988, appellant applied for total disability based on individual unemployability. He explained that he was a construction worker by trade, and claimed that he could not find employment in the construction industry with a 70% hearing disability. On January 23, 1989, the VARO denied appellant’s claim for individual unemploya-bility. The rating board noted that appellant had considerable hearing loss and pes planus; however, it concluded that appellant had not shown that these disabilities precluded substantial employment.

Appellant filed a Notice of Disagreement (NOD) and initiated an appeal to the BVA. On October 4, 1989, the BVA remanded appellant’s claim to the VARO for further factual development. In December 1989, the VARO considered appellant’s claim for[*363] an increased rating for pes planus and again considered appellant’s claim for individual unemployability. The VARO increased his evaluation for pes planus to 30% disabling, and denied his claim for individual unemployability. Appellant filed another NOD and his appeal was forwarded to the Board.

On June 4, 1990, the BVA denied appellant’s claim for total unemployability. It concluded that appellant was significantly impaired from non-service-connected disabilities, but that his service-connected disabilities did not preclude him from substantial employment. In March 1991, appellant moved for the BVA to reconsider its June 1990 decision. The Board granted appellant’s motion and on August 12, 1991, the Board again denied his claim for individual unemployability.

ANALYSIS

Appellant presently has a combined service-connected disability rating of 80%. In addition to his service-connected disabilities, appellant also suffers from diabetes, otitis media, tinnitus, and unsteadiness. His diabetes has resulted in virtual blindness. In determining whether appellant is entitled to a total disability rating based upon individual unemployability, neither appellant’s non-service-connected disabilities nor his advancing age may be considered. See 38 C.F.R. § 3.341(a) (1992); Hersey v. Derwinski, 2 Vet.App. 91, 94 (1992). The Board’s task was to determine whether there are circumstances in this case apart from the non-service-connected conditions and advancing age which would justify a total disability rating based on unemployability. In other words, the BVA must determine if there are circumstances, apart from non-service-connected disabilities, that place this veteran in a different position than other veterans with an 80% combined disability rating. See 38 C.F.R. § 4.16(a) (1992).

In the present case, the Board reviewed appellant’s educational background and employment record, and found nothing that would trigger a total disability rating based on unemployability. This is plausible, as there are no circumstances in the record that place this veteran, rated at 80% disability, in a different category than an other veteran so rated. See Gilbert v. Derwinski, 1 Vet.App. 49, 52-53 (1990). For a veteran to prevail on a claim based on unemployability, it is necessary that the record reflect some factor which takes the claimant’s case outside the norm of such veteran. See C.F.R. §§ 4.1, 4.15 (1992). The sole fact that a claimant is unemployed or has difficulty obtaining employment is not enough. A high rating in itself is a recognition that the impairment makes it difficult to obtain and keep employment. The question is whether the veteran is capable of performing the physical and mental acts required by employment, not whether the veteran can find employment. See 38 C.F.R. § 4.16(a) (1992).

In this case, there simply is no evidence, or even an averment of unusual or exceptional circumstances. The Board’s denial of a total disability rating based on individual unemployability is AFFIRMED.