13-19 060
13-19 060
| Board of Vet. App. | Jul 31, 2017Background
- Veteran served on active duty Dec 1950–Nov 1952 and filed a fully developed VA claim in Dec 2011 for a heart condition and increased rating for post‑operative tuberculosis residuals.
- Service‑connected disability: tuberculosis, post‑op with removal of left 3rd and 4th ribs and wedge resection of left upper lobe; RO previously granted a 10% rating for restrictive lung disease/chondritis and a 20% rating under DC 5297 for rib removal.
- VA completed multiple examinations (2012–2017) and obtained medical opinions addressing nexus between the rib/chest‑wall surgery and the Veteran’s heart condition.
- Veteran and several lay/medical correspondents argued the chest‑wall defect from rib removal causes or aggravates mitral valve prolapse/mitral regurgitation (heart murmur).
- Board found VA examinations and opinions persuasive, rejected speculative lay/professional statements lacking clinical rationale, and concluded the preponderance of evidence is against secondary service connection and against a rating above 20% (only two ribs removed).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for heart condition as secondary to service‑connected TB/chest‑wall surgery | Chest‑wall deformity from rib removal causes pressure/altered mechanics that produced or aggravated heart murmur (MVP/MR) | Medical evidence shows no causal/biomechanical link; TB/ rib resection not a risk factor for MVP/MR; VA exams find less likely than not nexus | Denied — preponderance of evidence against secondary service connection |
| Increased rating for TB/post‑op rib removal (DC 5297) above 20% | Disability is more severe; Veteran had 4th rib removed and persistent pain — argues 30% rating applies | Rating criteria require removal of three ribs for 30% or greater; records confirm removal of two ribs only and limited, intermittent pain without functional loss | Denied — 20% remains appropriate (two ribs removed) |
Key Cases Cited
- Gilbert v. Derwinski, 1 Vet. App. 49 (1990) (preponderance/benefit‑of‑the‑doubt standard explained)
- Wallin v. West, 11 Vet. App. 509 (1998) (elements for secondary service connection)
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004) (nexus requirement summarized)
- Stegall v. West, 11 Vet. App. 268 (1998) (remand compliance requirement)
- Dyment v. West, 13 Vet. App. 141 (1999) (standard for substantial compliance with remand)
- Colvin v. Derwinski, 1 Vet. App. 171 (1991) (Board may not substitute its own medical judgment)
- Bloom v. West, 12 Vet. App. 185 (1999) (medical opinions based on mere speculation are inadequate)
