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12-33 806
12-33 806
Board of Vet. App.
Nov 29, 2013
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Background

  • The Veteran served on active duty from December 1973 to April 1976.
  • VA Regional Office in Pittsburgh denied service connection for right foot hallux rigidus, claimed secondary to a service-connected left knee disability.
  • Appellant is represented by the Veterans of Foreign Wars of the United States; the Board member is Harvey P. Roberts.
  • The Board remanded because the Veteran submitted evidence to the Board in May 2013 without RO waiver, and the August 2013 informal presentation also lacked waiver.
  • April 2011 VA examination found it speculative to relate right hallux rigidus to left knee disability and did not address aggravation; deemed the evidence insufficient to decide the claim.
  • Remand actions include obtaining VA records, scheduling a new joints examination addressing causation and aggravation, and readjudicating the claim.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Secondary service connection for right foot disability Veteran argues right hallux rigidus is proximately due to or aggravated by the left knee disability. Agency contends insufficient evidence on causation/ aggravation and requires medical clarification. Remand warranted for new VA examination and record development.

Key Cases Cited

  • McLendon v. Nicholson, 20 Vet. App. 79 (2006) (requires medical examination when evidence suggests possible link)
  • Bell v. Derwinski, 2 Vet. App. 611 (1992) (medical records are in agency possession and must be obtained)
  • Kutscherousky v. West, 12 Vet. App. 369 (1999) (remand authority and right to additional development)
Read the full case

Case Details

Case Name: 12-33 806
Court Name: Board of Veterans' Appeals
Date Published: Nov 29, 2013
Docket Number: 12-33 806
Court Abbreviation: Board of Vet. App.