CAVC Case 06-7279: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2005-09-01 · SCHOELEN, Judge

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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20%$356.66
30%$552.47
40%$795.84
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60%$1,435.02
70%$1,808.45
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Outcome
Affirmed / Remanded / Vacated
Decision Date
2005-09-01
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

BackHeadacheSkinErectile Dysfunction

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Issues on Appeal

Back ConditionService ConnectionReopenIncreased Rating

Why It Was Decided This Way

The appellant , through counsel, appeals a BOOKMARK/ September 1, 2005, Board of Veterans' Appeals (Board) decision in which the Board denied his claims for service connection for a headache condition, erectile dysfunction, and memory loss, and found that new and material evidence had not been submitted to reopen claims for service connection for a skin condition of the lips and for a low back disability.

at 150-52), and in May 2001, the Board denied his attempt to reopen the back condition claim (R.

The letter informed him that in order to reopen the back disability claim, he would need to submit new and material evidence, and also requested that he should submit various forms of evidence to support his other claims.

309(a) (2003) (regarding chronic medical conditions), and was not service connected on a direct basis.

The Board noted that the appellant was provided notice of the VCAA prior to the initial adjudication of his claims, referring to a letter issued to the appellant in March 2003.

The Board found the March 2003 letter addressed all pertinent elements of the appellant's service-connection claim, and that the letter provided sufficient notice of how to provide new and material evidence to reopen the previously denied claims.

Further discussing VA's obligations, the Board found that VA satisfied its duty to assist by gathering all possible relevant evidence and providing several medical examinations (R.

Turning to the merits of the claims, the Board concluded that the appellant was not entitled to service connection for a headache condition, erectile dysfunction, or a memory loss condition.

Authorities Cited

Caffrey v. BrownCaluza v. BrownCarbino v. GoberCarbino v. WestConway v. PrincipiFletcher v. DerwinskiGreen v. DerwinskiKent v. NicholsonKutscherousky v. WestMayfield v. NicholsonOverton v. NicholsonPelegrini v. PrincipiPrickett v. NicholsonQuartuccio v. PrincipiRoberson v. PrincipiSchroeder v. BrownSee Coker v. NicholsonSee Frankel v. DerwinskiSee Kay v. Principi

Denial Type

No Nexus|Not Service Connected|Not New Material|Duty To Assist

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