09-44 752
09-44 752
| Board of Vet. App. | Feb 28, 2017Background
- Veteran served on active duty Jan 2002–Jun 2002 and Dec 2003–Mar 2005 (also Reserve service); appeal from Aug 2009 RO decision.
- Claims: service connection for bilateral hip disability and for polycystic ovarian syndrome (PCOS).
- Service treatment records (as cited by RO) document a left hip trauma in Jan 2004 with x‑rays negative for fracture/dislocation and symptoms that resolved prior to separation; no in‑service PCOS diagnosis or complaints recorded.
- Post‑service records show first claim for hip problems in Nov 2008; PCOS-related findings (beyond intermittent irregular menses) not noted until 2007; VA and private records reviewed in a Sept 2016 VA exam.
- Sept 2016 VA examiner: bilateral hip pain not related to service (attributed to post‑service weight gain/occupation); PCOS first manifested in 2007, after separation. VA nexus opinions deemed adequate.
- Board found preponderance of evidence against service connection for both conditions and denied both claims; benefit‑of‑the‑doubt doctrine not applied.
Issues
| Issue | Veteran's Argument | VA/Defendant's Argument | Held |
|---|---|---|---|
| Service connection for bilateral hip disability | Hip injury from 2003 fall in service caused current bilateral hip disability | Service records show single left hip episode in 2004 that resolved; no right hip in service; post‑service onset intermittent and associated with weight/occupation; 2016 VA exam found no nexus | Denied — preponderance against service nexus |
| Service connection for PCOS | Irregular periods began in service and indicate PCOS linked to service | Service records negative for PCOS in service; irregular menses noted but other PCOS features appeared in 2007; 2016 VA exam concluded PCOS manifested post‑service | Denied — preponderance against service nexus |
Key Cases Cited
- Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir.) (continuity/chronological nexus principles for non‑listed conditions)
- Shedden v. Principi, 381 F.3d 1163 (requirement of current disability, in‑service event, and nexus for service connection)
- Jandreau v. Nicholson, 492 F.3d 1372 (lay evidence competency limits for medical diagnosis/causation)
- Buchanan v. Nicholson, 451 F.3d 1331 (weight of contemporaneous medical records may be considered against lay testimony)
- Barr v. Nicholson, 21 Vet. App. 303 (VA must obtain adequate medical examinations and limits of lay evidence for diagnosis)