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