CAVC Case 03-1345: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · January 26, 2006 · KASOLD

This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.

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10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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Outcome
Vacated / Remanded
Decision Date
January 26, 2006
Judge
KASOLD
Service Era
Not specified

Conditions Claimed

BackKneeHipHeartEye

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Issues on Appeal

BackKneeHipHeartEye

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

Allday v. BrownBowling v. PrincipiBucklinger v. BrownCamp v. PittsGreen v. DerwinskiHardin v. WestHare v. DerwinskiHenderson v. WestHersey v. DerwinskiHodge v. WestKowalski v. NicholsonMariano v. PrincipiMeyer v. BrownPadgett v. NicholsonReonal v. BrownSabonis v. BrownSee Colvin v. DerwinskiSee Ford v. GoberSee Gilbert v. DerwinskiSee Hickson v. WestSee Janssen v. PrincipiSee Johnson v. BrownSee Kay v. PrincipiSee Reonal v. BrownSee Russo v. BrownSee Tucker v. WestSoyini v. PrincipiStegall v. WestSuttmann v. BrownSwann v. Brown

Regulations Cited (38 CFR / 38 USC)

38 CFR 19.9(a) (2003)38 CFR 3.655(b) (2005)38 CFR 4.2 (2004)38 USC 510338 USC 7104(a)38 USC 711238 USC 7252(a)38 USC 7266(a)

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.