12-32 668
12-32 668
| Board of Vet. App. | May 31, 2017Background
- Veteran served active duty Apr 1961–Apr 1965 and sought VA benefits for back and leg disability assertedly due to in-service steam burns.
- Initial RO rating decision in Jan 2010; Veteran testified at a Board hearing in Oct 2015; claim advanced on docket.
- Some service treatment records (alleged Mayport Naval Hospital records) were not located despite RO search; Board found further search futile but noted heightened duty regarding missing records.
- VA examinations: Jan 2013 diagnosed diffuse lumbar spondylosis/DDD, post‑laminectomy L2–3, DJD, radiculopathy; Jan 2017 exam found no scars or burn‑related pathology and attributed spine problems to a post‑service paper‑mill injury.
- Board found no present burn‑related disability attributable to service and concluded the preponderance of evidence showed the spine disability was not incurred in service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for burn injuries to back/legs | Veteran contends steam burns in service caused current back/leg problems and was hospitalized for burns | VA/RO: no contemporaneous STRs located; examinations show no scars or pathology from burns | Denied — no present burn‑related disability attributable to service |
| Service connection for spinal/musculoskeletal disability (DDD, spondylosis, radiculopathy) | Veteran links back/leg pain to in‑service events (steam burns, crawling on diamond plate) | VA exams conclude spinal conditions are unrelated to service and likely due to post‑service paper‑mill injury | Denied — preponderance of evidence shows no nexus to service |
Key Cases Cited
- Scott v. McDonald, 789 F.3d 1375 (Fed. Cir. 2015) (scope of Board discussion limited to relevant evidence and reasonably raised issues)
- Holton v. Shinseki, 557 F.3d 1362 (Fed. Cir. 2009) (elements required for service connection and nexus requirement)
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004) (nexus requirement for service connection)
- Gilbert v. Derwinski, 1 Vet. App. 49 (Vet. App. 1990) (benefit of the doubt rule when evidence is in approximate balance)
- Washington v. Nicholson, 19 Vet. App. 362 (Vet. App. 2005) (heightened duty when service records are missing or destroyed)
- Brammer v. Derwinski, 3 Vet. App. 223 (Vet. App. 1992) (no claim without proof of present disability)