CAVC Case 10-3047: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2010-06-25 · 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
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60%$1,435.02
70%$1,808.45
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Outcome
Vacated / Remanded
Decision Date
2010-06-25
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

BackKneeArthritisRadiculopathy

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Issues on Appeal

Back ConditionService Connection

Why It Was Decided This Way

The examiner concluded that the appellant's knee condition is not related to his service.

The Board found that the appellant was treated in service for low back pain,but determined both that there is no evidence that the appellant suffered from a chronic low back disability in service and that the evidence does not support a relationship between the appellant's in-service back pain and any current back disorder.

In reaching its decision, the Board found that the appellant's lay statements describing a continuity of symptomatology between his service and his more recent diagnoses of back and leg disorders are not credible and that there are no medical opinions of record finding a causal connection between the [appellant's]active service and his current disorders.

The Board found the April 2005 and September 2009 VA examination reports to be highly probative.

The Board acknowledged that the examiner failed to consider the appellant's report that he treated himself for his disorders,but concluded that both opinions are adequate despite this oversight because the appellant's allegations of continuous symptoms and treatment are not found to be credible here.

Finally, the Board found that the Secretary substantially complied with its September 2008 remand.

First,the appellant asserts that the Board failed to provide an adequate statement of reasons or bases for its determination that the appellant's lay statements are not credible.

Next,the appellant argues that the Board failed to consider his March 2006 opinion,which he argues is a medical opinion discussing the etiology of his disorders.

Authorities Cited

Allday v. BrownArdison v. BrownAries v. PeakeBest v. PrincipiCaluza v. BrownDela Cruz v. PrincipiDyment v. WestFletcher v. DerwinskiFrankel v. DerwinskiGilbert v. DerwinskiGreen v. DerwinskiHensley v. WestHickson v. WestIn Buchanan v. NicholsonKutscherousky v. WestMoore v. NicholsonMoore v. ShinsekiNolen v. GoberPond v. WestRoberson v. ShinsekiRodriguez v. PeakeSavage v. GoberSchafrath v. DerwinskiSee Barr v. NicholsonSee Davidson v. ShinsekiSee Kay v. PrincipiSee Owens v. BrownSee Quirin v. ShinsekiSee Thompson v. GoberStefl v. Nicholson

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

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