BVA Case 03-1345: Back
Real Board of Veterans' Appeals decision · January 26, 2006 · KASOLD
Conditions Claimed
Why It Was Decided This Way
He argues that the Board decision is clearly erroneous and should be reversed.
The report of the October 2002 examination is the only medical nexus report on record for Mr.
The Board concluded that there was no competent evidence linking any of Mr.
Coburn with a VA orthopedic examination for the purpose of ascertaining a medical nexus opinion.
Coburn argues that he does not contest the Board's determination in the section of its decision entitled "REASONS AND BASES FOR FINDINGS AND CONCLUSIONS, Preliminary matter: Duty to Assist" (R.
Inadequate Reasons and Bases For service connection to be awarded, there must be (1) medical evidence of a current disability; (2) medical evidence, or in certain circumstances, lay evidence of an in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disease or injury.
The only medical nexus opinion in the record opines that Mr.
Or, the Board could have found that he suffered the reported in-service injury but that there was no medical nexus between that injury and his current disability.
Authorities Cited
Regulations Cited (38 CFR / 38 USC)
Denial Type
Credibility|No Nexus|Duty To Assist|Inadequate Exam
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