BVA Case 18-6256: Back

Real Board of Veterans' Appeals decision · November 16,2021 · MOORMAN

Outcome
Affirmed / Vacated / Remanded
Decision Date
November 16,2021
Judge
MOORMAN
Service Era
January 1978 to December 1980

Conditions Claimed

BackCervicalShoulderAnkleHeadacheGiEyeArthritis

Issues on Appeal

Back ConditionService ConnectionEffective DateReopenIncreased Rating

Why It Was Decided This Way

at 4155 (Substantive Appeal),and in 1983, the Board denied the claims,R.

In a March 2001 decision,the Board found that the 1983 Board decision contained clear and unmistakable error (CUE).

In a December 28,2016,decision,the Board reopened the left ankle claim because of new and material evidence,and the Board remanded the left ankle,cervical spine,shoulders,and foot claims.

The Board's determinations of the appropriate degree of,and effective date for,disability compensation for a service-connected disability are findings of fact subject to the clearly erroneous standard of review.

A factual 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.

To comply with this requirement,the Board must analyze the credibility and probative value of evidence,account for evidence it finds persuasive or unpersuasive,and provide reasons for rejecting material evidence favorable to the claimant.

Left Ankle In the decision on appeal,the Board denied an effective date earlier than October 5,1990, for the grant of service connection for the appellant's left ankle disability.

The Board found that the appellant's original claim for service connection for bilateral ankle disabilities was filed on January 21,1981,and it was denied in an August 1981 RO decision.

Authorities Cited

Allday v. BrownBerger v. BrownBethea v. DerwinskiBreeden v. PrincipiCaluza v. BrownCarlo v. NicholsonClemons v. ShinsekiCoker v. NicholsonCoker v. PeakeCook v. PrincipiDe Perez v. DerwinskiEvans v. WestGilbert v. DerwinskiHanson v. BrownHersey v. DerwinskiHilkert v. WestIngram v. NicholsonLisio v. ShinsekiLocklear v. NicholsonPederson v. McRoberson v. PrincipiRobinson v. PeakeRobinson v. ShinsekiRoss v. PeakeSee Cacciola v. GibsonSee Frankel v. DerwinskiSee Ledford v. WestSee Schafrath v. DerwinskiSee Tucker v. WestSeri v. Nicholson

Denial Type

Credibility|Not New Material|Duty To Assist|Inadequate Exam|Cue

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