12-31 442
12-31 442
| Board of Vet. App. | Sep 18, 2017Background
- Veteran served on active duty in the U.S. Army June 1978–Feb 1979 (vehicle operator, airborne training). Claims on appeal from a July 2009 RO decision; Board remanded in 2015 and later held hearings requests withdrawn.
- Claims: service connection for kidney disorder, bilateral hearing loss, right hip disorder, and low back disorder.
- Service treatment records (STRs) show right-ear severe loss at entry; separation exams largely normal for kidneys and nonspecific joint complaints.
- Post-service records: intermittent urology workups (including a 2010 non‑obstructing kidney stone), extensive VA treatment records for back/hip complaints, imaging showing lumbar degenerative disc disease (DDD), and mixed/profound right-ear loss with normal left ear on recent testing.
- VA obtained exams in 2012, 2015, and 2016 (nephrology, orthopedics/spine, audiology). VA examiners found no current renal dysfunction attributable to service, no present right‑hip disorder, DDD of the lumbar spine not shown to be related to service, and right‑ear hearing loss present at entry and not aggravated by service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection — kidney disorder | Kidney problems/UTIs/kidney pain began in or were caused by service events | STRs silent for kidney disease; objective evidence of kidney disorder appears decades after service; VA exams find no current renal dysfunction or nexus | Denied — no current compensable kidney disability or nexus to service |
| Service connection — bilateral hearing loss | Noise exposure (vehicles/weapons) in service caused hearing loss | STR audiograms show severe right‑ear loss at entry (preexisting) and left ear normal; 2012 VA audiologist: no in‑service aggravation | Denied — right ear loss preexisted service and was not aggravated; left ear normal |
| Service connection — right hip disorder | In‑service trauma (jump training, pack carrying) caused ongoing right hip disorder | STRs silent for hip injury; imaging and VA exam found no current right hip disorder; post‑service records lack objective hip diagnosis | Denied — no present right hip disorder (so no service connection) |
| Service connection — low back disorder (DDD) | Back injury during airborne training and continuous symptoms since service | STRs silent for back disorder; DDD evidenced by imaging decades later; VA exams opine DDD likely age‑related and not linked to service | Denied — DDD present but not shown to be incurred in or aggravated by service |
Key Cases Cited
- Scott v. McDonald, 789 F.3d 1375 (Fed. Cir.) (VA notice requirements and development principles)
- Mayfield v. Nicholson, 444 F.3d 1328 (Fed. Cir.) (VA duty to re‑adjudicate claims after notice)
- Combee v. Brown, 34 F.3d 1039 (Fed. Cir.) (service‑connection elements for post‑service diagnoses)
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir.) (elements required to establish service connection)
- Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir.) (limits of lay evidence on medical etiology)
- Brammer v. Derwinski, 3 Vet. App. 223 (Vet. App.) (no claim without a present disability)