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14-32 880
14-32 880
| Board of Vet. App. | Sep 18, 2017
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Background

  • 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)
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Case Details

Case Name: 14-32 880
Court Name: Board of Veterans' Appeals
Date Published: Sep 18, 2017
Docket Number: 14-32 880
Court Abbreviation: Board of Vet. App.