12-28 913
12-28 913
| Board of Vet. App. | Aug 31, 2017Background
- Veteran served on active duty in the U.S. Navy from Nov 2006 to Nov 2010 and appealed a June 2011 RO rating decision.
- Claims: service connection for bilateral wrist/hand disabilities (claimed tendon damage) and bilateral hearing loss.
- Prior VA examinations (June 2012) were inadequate: hand/wrist exam lacked a definitive diagnosis and discussion of tendon damage/arthritic etiology; audiology results were found invalid for rating due to inconsistent testing.
- Veteran requested a video hearing; missed an earlier scheduled hearing due to a returned notice but later testified at a May 2017 videoconference.
- Board concluded the record lacks adequate medical opinions and remanded both claims for new VA examinations and etiological opinions, and for collection of outstanding VA treatment records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for bilateral wrist/hand disabilities (claimed tendon damage) | Veteran says construction work on ship hulls caused hand/wrist problems and tendon damage | RO relied on inadequate June 2012 exam lacking diagnosis and clear nexus/diagnostic testing | Remanded for new exam addressing diagnosis, tendon damage, ROM, pain, strength, functionality, and nexus to service |
| Service connection for bilateral hearing loss | Veteran contends hearing loss from in-service noise exposure; requests new testing | RO audiology testing June 2012 was invalid for rating (inconsistent responses) | Remanded for new audiological exam and etiological opinion (in‑service noise exposure conceded) |
Key Cases Cited
- Barr v. Nicholson, 21 Vet. App. 303 (2007) (VA must provide an adequate medical examination)
- Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008) (examination must include a reasoned medical explanation linking conclusions to supporting data)
- Stefl v. Nicholson, 21 Vet. App. 120 (2007) (exam reports must contain clear conclusions with supporting data)
- McLendon v. Nicholson, 20 Vet. App. 79 (2006) (VA must make reasonable efforts to obtain evidence and provide adequate development)
- Kutscherousky v. West, 12 Vet. App. 369 (1999) (claimant may submit additional evidence after a remand)