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13-19 060
13-19 060
| Board of Vet. App. | Jul 31, 2017
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Background

  • 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)
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Case Details

Case Name: 13-19 060
Court Name: Board of Veterans' Appeals
Date Published: Jul 31, 2017
Docket Number: 13-19 060
Court Abbreviation: Board of Vet. App.