CAVC Case 17-4070: Shoulder

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2017-08-25 · 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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Outcome
Remanded / Vacated
Decision Date
2017-08-25
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

ShoulderAnkleArthritis

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Issues on Appeal

Service ConnectionReopen

Why It Was Decided This Way

SCHOELEN, Judge :the appellant , through counsel,appeals an August 25,2017,Board of Veteran's Appeals (Board)decision in which the Board denied service connection for the left shoulder and left ankle disorders.

Because the Board failed to fulfill its duty to assist and provide adequate reasons or bases,the Court will vacate the Board's decision and remand the matter for further proceedings consistent with this decision.

In a June 2005 rating decision,the RO determined that new and material evidence sufficient to reopen the claims for service connection for a bilateral ankle condition and left shoulder disorder had not been received.

The VA examiner opined that the appellant's left shoulder disorder was less likely as not related to his time in service.

The VA examiner determined that the appellant's left ankle disorder was less likely as not related to his time in service.

However,the Board determined that the March 2012 VA examinations conducted in connection to these claimed disorders were inadequate.

With respect to the March 2012 VA left ankle examination,the Board noted that while the VA examiner attributed the appellant's left ankle disorder to age-related factors, he did not provide a rationale or explanation in support of his theory.

With respect to the March 2012 left shoulder VA examination and medical opinion, the Board noted that,other than relying on the lack of treatment during the 33-year period,the VA examiner did not explain why a current left shoulder diagnosis was not related to the appellant's in-service episode.

Authorities Cited

Allday v. BrownArdison v. BrownAries v. PeakeBarr v. NicholsonCaluza v. BrownConway v. PrincipiFletcher v. DerwinskiGilbert v. DerwinskiGreen v. DerwinskiKutscherousky v. WestMonzingo v. ShinsekiSee Best v. PrincipiSee Dyment v. WesSee Frankel v. DerwinskiSee Kay v. PrincipiStefl v. NicholsonStegall v. West

Denial Type

Credibility|Not New Material|Preponderance Against|Duty To Assist|Inadequate Exam|No Current Disability

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