13-24 471
13-24 471
| Board of Vet. App. | May 6, 2017Background
- Veteran served on active duty from March 1968 to March 1970 as an armor crewman (tank duty) and later claimed multiple service‑connected disorders stemming from climbing in/out of tanks and related duties.
- RO denied service connection for bilateral elbows, bilateral knees, and low back in March 2012; separate March 2013 denials covered COPD, hiatal hernia, carotid stenosis, hypertension, small cell lung cancer, and heart disease.
- Veteran appealed, requested a Board hearing, and testified in March 2017 describing in‑service injuries to elbows, low back, and left knee.
- VA treatment and private records document current diagnoses: bilateral tennis elbow (post bilateral ganglion cyst excision), lumbar degenerative disc disease, and degenerative left knee changes; VA clinicians linked these conditions to service activities.
- The Board granted service connection for bilateral tennis elbow, a lumbar spine disorder, and a left knee disorder; claims for the right knee, COPD, hypertension, hiatal hernia, CAD, severe carotid stenosis, and small cell lung cancer were remanded for further development (not decided on the merits).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection — bilateral tennis elbow (post bilateral ganglion cyst excision) | Veteran: elbow condition began in service from climbing in/out of tanks and was continuous since service | VA/RO: previously denied service connection (insufficient nexus/in‑service evidence) | Granted — service connection established based on current diagnosis, credible in‑service/lay reports, and VA treatment opinion linking condition to service |
| Service connection — lumbar spine disorder | Veteran: back disorder caused by tank duties (repeated stress, falls) | VA/RO: previously denied service connection | Granted — current diagnosis, credible lay in‑service history, and treating provider opinion support nexus |
| Service connection — left knee disorder | Veteran: left knee injured during tank service and symptomatic since | VA/RO: previously denied service connection | Granted — same rationale: current diagnosis + credible in‑service history + medical nexus opinion |
| Other claimed conditions (right knee, COPD, hypertension, hiatal hernia, CAD, carotid stenosis, small cell lung cancer) | Veteran: asserted service relation | VA/RO: previously denied; record incomplete | Remanded — AOJ to obtain missing SSA records and outstanding VA treatment/radiology/orthopedic records, then readjudicate |
Key Cases Cited
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir.) (nexus requirement for service connection)
- Caluza v. Brown, 7 Vet. App. 498 (Vet. App.) (elements required to establish service connection and evaluation of evidence)
- Gilbert v. Derwinski, 1 Vet. App. 49 (Vet. App.) (burden of proof; preponderance/equipoise standard)
- Gonzales v. West, 218 F.3d 1378 (Fed. Cir.) (Board must review the whole record but need not discuss every piece of evidence)
- Murincsak v. Derwinski, 2 Vet. App. 363 (Vet. App.) (VA’s duty to obtain SSA records under VCAA)
- Bell v. Derwinski, 2 Vet. App. 611 (Vet. App.) (VA constructive possession of its medical records; duty to obtain relevant VA treatment records)