08-23 423
08-23 423
| Board of Vet. App. | Jul 31, 2017Background
- Veteran served Aug 1991–Dec 1993; claim for service connection for a low back disability (direct and secondary to service‑connected left knee) developed post‑service and appealed to the Board.
- RO issued initial adverse decision (Aug 2007); Board previously remanded (2010) for development; Travel Board hearing held Oct 2009; VA exam performed May 2016.
- Current diagnoses: early degenerative disc disease and chronic musculoligamentous strain of the lumbar spine; first lumbar imaging in record dated May 2010.
- Service records show no in‑service complaints, treatment, or diagnosis for back pain; post‑service records show onset of back symptoms after a Feb 2000 workplace accident with earlier neck complaints.
- May 2016 VA examiner reviewed file, noted absence of in‑service lumbar complaints, limited number of parachute jumps, largely normal gait, and opined less likely than not that the low back condition is related to the January 1993 parachute incident or secondary/aggravated by the left knee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for low back (direct) | Veteran asserts back pain began after a rough parachute landing in Jan 1993 and continued since service | No in‑service complaints/diagnosis; long gap to first back imaging/symptoms; VA examiner found lack of nexus | Denied — preponderance against service connection |
| Service connection for low back (secondary to left knee) | Veteran contends left knee service‑connected disability caused or aggravated low back | VA examiner: injuries occurred simultaneously (if at all) and gait is only minimally antalgic, not sufficient to cause chronic lumbar strain | Denied — nexus to knee not established |
| Continuity/manifestation in service | Veteran testified he had ongoing problems since service (some uncertainty) | Service and early post‑service records show no lumbar complaints; first documented lumbar issues after 2000 accident | Board found no manifestation in service; long gap weighs against claim |
| Adequacy of medical opinion evidence | Veteran relies on lay statements and prior testimony | VA medical opinions (2010, 2016) are competent, file‑reviewed, and reasoned; medical determination is required | VA exam evidence is found highly probative and outweighs lay assertions; claim denied |
Key Cases Cited
- Bryant v. Shinseki, 23 Vet. App. 488 (2010) (standards for development and remand compliance)
- Stegall v. West, 11 Vet. App. 268 (1998) (requirement to comply with Board remand directives)
- Shedden v. Principi, 381 F.3d 1163 (2004) (elements required for service connection)
- Allen v. Brown, 7 Vet. App. 439 (1995) (standard for secondary service connection)
- Jandreau v. Nicholson, 492 F.3d 1372 (2007) (limits of lay evidence for medical nexus)
- Maxson v. Gober, 230 F.3d 1330 (2000) (long latency between service and onset weighs against service connection)
- Gilbert v. Derwinski, 1 Vet. App. 49 (1990) (benefit‑of‑the‑doubt rule standard)