03-11 022
03-11 022
| Board of Vet. App. | May 31, 2017Background
- Veteran served on active duty Dec 1955–Sep 1957 and appealed VA RO denials (April 2002, June 2003) for five claimed conditions: bilateral lower‑extremity pain, hypertension, skin disorder(s), abdominal aortic aneurysm, and heart disorder.
- Case underwent multiple remands and numerous VA examinations and record requests from 2004–2016; claimant withdrew a requested Board hearing by failing to appear.
- Service treatment records show minimal relevant findings at separation (single BP reading 140/90; a Grade I functional systolic murmur; otherwise normal extremities and skin).
- Post‑service records and many VA examiner opinions diagnose current conditions (e.g., essential hypertension, abdominal aortic aneurysm, peripheral vascular disease/claudication, various skin lesions) but consistently conclude the conditions did not begin in service, were not manifest within one year of separation, and are not causally related to or aggravated by service‑connected disabilities.
- VA attempted to obtain outside records the Veteran identified; some were unavailable. The Board found VA satisfied its notice and duty‑to‑assist obligations.
- The Board gave great weight to the contemporaneous, reasoned VA medical opinions and denied service connection for all five claimed conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection — bilateral lower‑extremity pain | Pain/claudication began in or is related to service or aggravated by service‑connected conditions | No in‑service onset or nexus; exams show vascular/degenerative causes arising post‑service | Denied |
| Service connection — hypertension | Elevated BP in service and ongoing hypertension are related | Single separation reading insufficient; multiple exams find no in‑service hypertension or nexus | Denied |
| Service connection — skin disorder(s) | Skin conditions relate to service or to service‑connected disabilities | No treatment or diagnosis in service; examiners attribute lesions to sun exposure/age, no nexus | Denied |
| Service connection — abdominal aortic aneurysm | Aneurysm related to service or to service‑connected disabilities | No evidence of in‑service aneurysm or one‑year manifestation; examiners find natural, post‑service progression | Denied |
| Service connection — heart disorder | Heart disease/ symptoms traceable to service | Separation cardiac evaluation found no disease; post‑service disease attributed to nonservice risk factors (e.g., diabetes) | Denied |
Key Cases Cited
- Gilbert v. Derwinski, 1 Vet. App. 49 (establishes preponderance standard and reasonable doubt rule in veterans benefits)
- Jandreau v. Nicholson, 492 F.3d 1372 (lay evidence competency limits; when laypersons may provide medical evidence)
- Davidson v. Shinseki, 581 F.3d 1313 (lay evidence may support diagnosis/nexus in limited circumstances)
- McLendon v. Nicholson, 20 Vet. App. 79 (medical opinions that are speculative/inconclusive are of limited probative value)
- Walker v. Shinseki, 708 F.3d 1331 (construction of 38 C.F.R. § 3.303(b) and continuity of symptomatology for chronic disease claims)
- Prickett v. Nicholson, 20 Vet. App. 370 (VA may cure earlier notice deficiencies by subsequent readjudication and issuance of an SOC)