CAVC Case 14-2557: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2014-05-15 · PIETSCH, 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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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
Affirmed
Decision Date
2014-05-15
Judge
PIETSCH, Judge
Service Era
Not specified

Conditions Claimed

BackCervicalShoulderTDIUArthritis

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Issues on Appeal

Back ConditionService ConnectionTDIUIncreased Rating

Why It Was Decided This Way

With respect to his cervical spine disability,he contends that the Board misapplied the benefit of the doubt doctrine, mischaracterized the evidence,and erred in making an adverse credibility finding regarding continuity of symptomatology following service.

With respect to the shoulder,the Board noted that diagnostic code (DC)5203,for dislocation of the clavicle or scapula, provides for a maximum 20%disability rating.

With respect to the cervical spine,the Board found that the preponderance of the evidence was against a finding that the appellant's neck condition was related to service,relying primarily on the negative VA medical nexus opinion.

Before the Court,the appellant contends that the Board erred in denying service connection for his neck condition because it mischaracterized the evidence and erroneously required medical evidence of a nexus to service.

The Board's determination of whether a medical opinion is adequate is a finding of fact that the Court reviews under the clearly erroneous standard.

A finding is clearly erroneous when although there is evidence to support it,the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.

Service Connection for Cervical Spine Disability Establishing service connection generally requires medical or,in certain circumstances,lay evidence of (1)a current disability;(2)an in-service incurrence or aggravation of a disease or injury; and (3)a nexus between the claimed in-service disease or injury and the present disability.

The Board must provide a statement of the reasons or bases for its determination,adequate to enable an appellant to understand the precise basis for its decision,as well as to facilitate review in this Court.

Authorities Cited

Allday v. BrownAnderson v. CityAries v. PeakeBarr v. NicholsonBryant v. ShinsekiCacciola v. GibsonCaluza v. BrownFrankel v. DerwinskiGuitierrez v. PrincipiHickson v. WestJandreau v. NicholsonOrtiz v. PrincipiProcopio v. ShinsekiRizzo v. ShinsekiSavage v. GoberSee Davidson v. ShinsekiSee King v. ShinsekiSee Pederson v. McSee Sickels v. ShinsekiShinseki v. SandersThomas v. NicholsonWalker v. Shinseki

Denial Type

Credibility|No Nexus|Preponderance Against

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