13-00 573
13-00 573
| Board of Vet. App. | Sep 19, 2017Background
- Veteran served on active duty Aug 2002–Aug 2007 and reported a lower back injury during service (noted July 2007) after hyperextending and during physical training activities.
- Post-service VA records show chronic back pain complaints; private records (July 2014) diagnose sacroiliitis and lumbar facet syndrome.
- VA examinations (Mar 2011, Feb 2016) found no objective pathology and no diagnosis; veteran and a private specialist asserted objective testing may not show the condition.
- Veteran provided a February 2017 private medical opinion opining greater than 50% likelihood that chronic back pain is related to service after review of records and exam.
- Board resolved reasonable doubt in Veteran’s favor, found current diagnoses (sacroiliitis and lumbar facet syndrome), in-service injury, and a persuasive nexus opinion; granted service connection for chronic back pain diagnosed as sacroiliitis and lumbar facet syndrome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to service connection for lower back disorder | Veteran argued his in-service injury and continuous post-service symptoms establish service connection; private examiner provided nexus opinion | VA examiners found no objective pathology and opined no active spine pathology or diagnosis | Granted: Board found current diagnoses, in-service injury, and gave probative weight to private nexus opinion, resolving doubt for Veteran |
Key Cases Cited
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004) (elements for service connection include current disability, in-service event, and nexus)
- Layno v. Brown, 6 Vet. App. 465 (Vet. App. 1994) (veteran competent to report onset and continuity of symptoms)
- Gilbert v. Derwinski, 1 Vet. App. 49 (Vet. App. 1990) (benefit-of-the-doubt doctrine when evidence is equipoise)
- McClain v. Nicholson, 21 Vet. App. 319 (Vet. App. 2007) (VA must consider competent evidence and may accept private diagnoses where probative)
