BVA Case 11-0235: Back

Real Board of Veterans' Appeals decision · June 28,2012 · SCHOELEN, Judge

Outcome
Vacated / Remanded
Decision Date
June 28,2012
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

BackKneeArthritis

Issues on Appeal

Back ConditionService Connection

Why It Was Decided This Way

SCHOELEN, Judge :The appellant, Richard Stehlik , appeals through counsel an October 5,2010,Board of Veterans'Appeals (Board)decision in which the Board denied him entitlement to service connection for degenerative disc disease at L4-5.

The appellant 2 asserted that his back discomfort that began in service has increased in severity in the time since he left active duty,and that his private physician told him that his condition seems to be the result of an old injury not related to my [postservice]job.

A June 1997 medical record reveals that the appellant had begun experiencing upper back pain that was not related to an injury and was not work related.

In a June 2005 decision,the Board concluded that the October 2003 VA medical examination report is inadequate and remanded the appellant's case for further development.

In October 2009,the Board denied the appellant's claim.

The appellant appealed to the Court,and in May 2010,the parties filed a joint motion to remand the case asserting that the Board failed to consider whether the appellant had presented evidence of continuity of his symptomatology sufficient for service connection to be granted.

The Board determined that VA fulfilled its duty to assist in this case by obtaining documents and providing the appellant with an adequate medical examination.

The Board found that,other than a September 1975 treatment record, the record contains no evidence that the appellant sought treatment or was diagnosed with a back disorder during his service.

Authorities Cited

Allday v. BrownArdison v. BrownCaluza v. BrownDela Cruz v. PrincipiFletcher v. DerwinskiGilbert v. DerwinskiGolz v. ShinsekiGreen v. DerwinskiHickson v. WestKutscherousky v. WestLoving v. NicholsonMoore v. ShinsekiNolen v. GoberReonal v. BrownRodriguez v. PeakeSavage v. GoberSchafrath v. DerwinskiSee Barr v. NicholsonSee Best v. PrincipiSee Davidson v. ShinsekiSee Frankel v. DerwinskiSee Hensley v. WestSee Kay v. PrincipiSee Talley v. BrownSee Thompson v. GoberShinseki v. SandersStefl v. Nicholson

Denial Type

Credibility|No Nexus|Preponderance Against|Duty To Assist|Inadequate Exam|No Current Disability

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