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09-15 108
09-15 108
Board of Vet. App.
Aug 31, 2017
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Background

  • Veteran served on active duty in the U.S. Army from Oct 2002 to Apr 2007 and later in the Army Reserve.
  • Initial claim for lumbar spine problems filed May 2007; service treatment records in file cover 2002–2004.
  • VA examinations diagnosed lumbar strain (Nov 2008, Dec 2015); Nov 2016 examiner noted moderate lumbar instability and Nov 2011 x‑ray showed minimal thoracic/lumbar degenerative changes.
  • Record contains several negative medical opinions that relied on silent service records (no documented in‑service treatment), but the Veteran consistently reported back complaints dating to service and testified to an in‑service injury during training.
  • Board found the evidence in relative equipoise and concluded that lumbar strain with minimal degenerative changes was incurred in service; service connection was granted.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Entitlement to service connection for a lumbar spine condition Veteran contends back injury occurred during training in service and symptoms have been continuous since service VA/RO points to silent service records and lack of contemporaneous treatment documentation; prior negative medical opinions Service connection granted: Board found diagnosis, continuous symptoms since service, and nexus — evidence in relative equipoise favoring the Veteran

Key Cases Cited

  • Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009) (explains elements for proving service connection and requirement for nexus evidence)
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Case Details

Case Name: 09-15 108
Court Name: Board of Veterans' Appeals
Date Published: Aug 31, 2017
Docket Number: 09-15 108
Court Abbreviation: Board of Vet. App.