10-24 847
10-24 847
Board of Vet. App.Sep 30, 2016Background
- Veteran served Feb 1957–May 1966, including service in Vietnam; discharged with examinations showing normal musculoskeletal and genitourinary findings.
- Initial RO denial (Mar 2009); Board remanded for development in Aug 2014 (translation, records retrieval, VA exam); substantial compliance achieved; VA exams obtained (2008, 2015).
- Medical record shows: in-service right leg bruise (1960) and pulled back muscle (Apr 1966); treated for syphilis in May 1959; first post‑service treatment for knee/shoulder/back complaints appears decades after discharge (2006–2008).
- VA examiners (2008 for extremities/STD; 2015 for lumbar) diagnosed degenerative conditions but opined they were due to aging/degeneration, not service, and found no residuals of syphilis.
- Board weighed contemporaneous service records (including denials of chronic problems at discharge) and long post‑service gaps more heavily than the Veteran’s lay statements and denied service connection for all four claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection — right knee | Knee pain/osteoarthritis began in service or from a baseball incident | Service records show only a bruise, discharge exam normal; first treatment in 2006; VA exam attributed condition to aging | Denied |
| Service connection — residuals of STD | Erectile dysfunction caused by in‑service syphilis | Service records show treated syphilis but no residuals at discharge or on VA testing; 2008 exam found no residuals | Denied |
| Service connection — right shoulder | Shoulder disorder resulted from service | Service records silent for shoulder injury; first evidence 2007; no in‑service event alleged; no nexus shown | Denied |
| Service connection — low back | Lumbar disorder caused/triggered by in‑service pulled muscle (1966) | Pulled muscle was acute/transient; discharge normal; first chronic treatment decades later; 2015 exam attributed disease to degenerative aging | Denied |
Key Cases Cited
- Scott v. McDonald, 789 F.3d 1375 (Fed. Cir. 2015) (VA met notice and duty‑to‑assist standards)
- Caluza v. Brown, 7 Vet. App. 498 (Vet. App. 1995) (elements required for direct service connection)
- Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013) (limits on continuity‑of‑symptomatology theory)
- Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007) (competence of lay evidence for observable symptoms)
- Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006) (contemporaneous medical records weigh heavily against later lay assertions)