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11-27 724
11-27 724
| Board of Vet. App. | May 31, 2017
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Background

  • Veteran served multiple active-duty periods including deployment to Iraq (2004–2005); claim arises from alleged elbow injury during a 2005 softball incident and ongoing right elbow pain.
  • Original RO denial in July 2010; multiple Board remands (2014–2016) for VA exams and addendum opinions.
  • VA and private treatment records show shoulder complaints in service; no contemporaneous service treatment record for right elbow.
  • Multiple VA examinations diagnosed right elbow tendonitis (March 2010, Dec 2014, Mar 2015, Oct 2016) and produced conflicting etiological opinions; final addendum (Jan 2017) concluded less likely than not related to service or secondary to service-connected conditions.
  • Board found VCAA and duty-to-assist satisfied, substantial compliance with remand directives, and relied on the probative January 2017 opinion and lack of in-service elbow records.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Entitlement to service connection for a right elbow disability Veteran: elbow pain began in Iraq (2004–05) from a softball injury; alternatively, elbow symptoms are secondary to service-connected right shoulder and carpal tunnel VA: STRs show only shoulder injury in service; objective records lack in-service elbow findings; competent medical opinion finds no nexus and rejects secondary causation Denied — preponderance of evidence against nexus; service connection not established

Key Cases Cited

  • Quartuccio v. Principi, 16 Vet. App. 183 (discusses VCAA notice requirements)
  • Mayfield v. Nicholson, 444 F.3d 1328 (VCAA notice harmless-error standard)
  • Shedden v. Principi, 381 F.3d 1163 (elements for service connection)
  • Jandreau v. Nicholson, 492 F.3d 1372 (competency of lay evidence)
  • Stegall v. West, 11 Vet. App. 268 (requirement of compliance with Board remand directives)
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Case Details

Case Name: 11-27 724
Court Name: Board of Veterans' Appeals
Date Published: May 31, 2017
Docket Number: 11-27 724
Court Abbreviation: Board of Vet. App.