BVA Case 13-580: Back

Real Board of Veterans' Appeals decision · March 18,2014 · SCHOELEN, Judge

Outcome
Vacated / Remanded
Decision Date
March 18,2014
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

BackHipHeartDiabetesHypertension

Issues on Appeal

Service Connection

Why It Was Decided This Way

5103A(a), whether the Secretary's duty to assist required VA to obtain a medical opinion (R.

Following two Board remands for additional development,including receipt of a VA medical nexus opinion,which the Board found inadequate for rating purposes (R.

The Board subsequently requested clarification from the VA medical expert, noting that the cardiologist failed to address the medical significance of the EKG findings and whether the findings reveal evidence of a heart condition.

4 In the January 10,2013,decision here on appeal,the Board denied the appellant's claim for service connection for the cause of the veteran's death.

The Board found that the Secretary satisfied the duty to assist,stating that there is no indication of any other relevant evidence in VA's possession,but not in the claims file.

Relying primarily on the medical expert's June and November 2012 opinions, the Board concluded that the competent evidence of record failed to establish that the veteran's cardiac arrest, coronary artery disease,hypertension,or diabetes mellitus,manifested during service or developed as a result of service.

[O]nce the Secretary undertakes the effort to provide an examination when developing a service-connection claim,he must provide an adequate one.

5 The Secretary's duty to assist also includes making reasonable efforts to obtain all potentially relevant records that the appellant adequately identifies and authorizes the Secretary to obtain.

Authorities Cited

Allday v. BrownArdison v. BrownAries v. PeakeBarr v. NicholsonCaluza v. BrownFletcher v. DerwinskiGilbert v. DerwinskiGolz v. ShinsekiGreen v. DerwinskiHood v. ShinsekiHyatt v. NicholsonKutscherousky v. WestLoving v. NicholsonMoore v. ShinsekiPolovick v. ShinsekiRizzo v. ShinsekiRodriguez v. PeakeSee Bowling v. PrincipiSee Frankel v. DerwinskiSee Kay v. PrincipiStefl v. NicholsonTalley v. BrownWood v. Peake

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

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