09-49 628
09-49 628
| Board of Vet. App. | Jul 3, 2017Background
- Veteran served in the U.S. Army from June 1977 to May 1980 and seeks service connection for bilateral ankles, knees, shoulders, and lumbar spine (each alleged to include arthritis).
- Service treatment records (STRs) were formally found unavailable/lost; Veteran and his mother submitted lay testimony describing in-service injuries and continuous post-service symptoms.
- Initial RO decision (Aug 2008) and prior Board denials led to judicial challenge; Court vacated and remanded due to inadequate medical opinions.
- Multiple VA examinations (2016) and addenda were found inadequate by the Board; the Board obtained a June 2017 VHA opinion which addressed onset, nexus, and manifestation.
- The Board credited the Veteran’s and his mother’s lay statements as competent for observable symptoms and found the June 2017 VHA opinion to be the most probative medical evidence.
- Board granted service connection for bilateral ankles, bilateral knees, bilateral shoulders (including arthritis), and lumbar spine (including arthritis), resolving reasonable doubt in Veteran’s favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection — bilateral ankle disorders (incl. arthritis) | Ankles injured in service (sprain, boot/PT wear), ongoing pain since service; STRs unavailable but lay continuity alleged | Earlier VA exam opined against service nexus, noted lack of STRs and late claim | Granted — Board found lay evidence credible and relied on June 2017 VHA opinion finding nexus at least as likely as not |
| Service connection — bilateral knee disorders (incl. arthritis) | Knees injured/overused in service (climbing, jumping, heavy activity), continuous symptoms post-service | VA examiner discounted nexus due to late claim and absent STRs | Granted — Board credited Veteran and mother and relied on June 2017 VHA opinion finding nexus at least as likely as not |
| Service connection — bilateral shoulder disorders (incl. arthritis) | Heavy lifting and weightlifting in service caused shoulder problems that continued after discharge | VA examiner found against nexus, criticized lay statements and missing STRs | Granted — Board found VHA opinion persuasive and resolved doubt for Veteran |
| Service connection — lumbar spine disorder (incl. arthritis) | Back injury in service (unloading truck) treated and limited duty in service; continued treatment post-service | VA exam found against nexus citing late claim and lack of STRs | Granted — Board credited lay testimony and the June 2017 VHA opinion and awarded service connection |
Key Cases Cited
- Hickson v. West, 12 Vet. App. 247 (discusses elements for service connection)
- McClain v. Nicholson, 21 Vet. App. 319 (current disability requirement timing)
- Walker v. Shinseki, 708 F.3d 1331 (continuity of symptomatology for chronic conditions)
- Owens v. Brown, 7 Vet. App. 429 (VA may favor one competent medical opinion over another)
- Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (factors for weighing medical opinions)
- Gilbert v. Derwinski, 1 Vet. App. 49 (benefit of the doubt rule)
- Jandreau v. Nicholson, 492 F.3d 1372 (competence of lay evidence)
- Davidson v. Shinseki, 581 F.3d 1313 (Board’s role assessing credibility and weight of evidence)