14-32 880
14-32 880
| Board of Vet. App. | Sep 18, 2017Background
- Veteran served in the U.S. Army, Sept 1952–Sept 1954; claims current low back disorder is service‑connected after a fall in basic training and/or secondary to a service‑connected right inguinal hernia.
- Available service treatment records (including Sept 1954 separation exam) contain no complaints, treatment, or diagnosis of a low back disorder.
- Post‑service and VA treatment records (1994–2013) document chronic low back pain, treatment including manipulation/physical therapy, restricted ROM, positive Kemp's test, and a recent report of a fractured back and hospitalization in Danville, IL.
- Veteran reports in‑service fall and treatment at Camp Stoneman (records unavailable).
- RO initially denied service connection in July 2013; Veteran appealed and the Board advanced the appeal on the docket and remanded for development.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to service connection for low back disorder | Veteran: low back disorder caused by in‑service fall and/or aggravated by service‑connected right inguinal hernia | VA/RO: no in‑service documentation of low back disorder; denied service connection | Board remanded for further development and VA examination to obtain nexus opinions and outstanding records |
Key Cases Cited
- McLendon v. Nicholson, 20 Vet. App. 79 (2006) (duty to develop when evidence raises a reasonable possibility of service connection)
- Kutscherousky v. West, 12 Vet. App. 369 (1999) (claimant may submit additional evidence after remand; procedures regarding additional evidence)
