BVA Case 19-2504: Back

Real Board of Veterans' Appeals decision · April 13,2021 · PIETSCH, Judge

Outcome
Unknown
Decision Date
April 13,2021
Judge
PIETSCH, Judge
Service Era
Not specified

Conditions Claimed

BackCervicalHearing_LossTinnitusShoulderHipHeadacheEyeArthritisRadiculopathy

Issues on Appeal

Back ConditionService ConnectionHearing Loss

Why It Was Decided This Way

Harrison , through counsel,appeals a December 18,2018,Board of Veteran's Appeals (Board)decision in which the Board denied service connection for a neck condition and bilateral hearing loss.

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.

After reviewing the appellant's service treatment records,in an April 2014 decision the Board found some indication that the [appellant]may have current bilateral hearing loss .

Regarding the appellant's claimed neck disability,the Board found that the June 2011 VA examination did not address conflicting medical opinions of record or state 3 the significance .

The Board determined that an addendum opinion was necessary for the purpose of clarification.

In a January 2017 decision,the Board determined that the March 2016 VA audiological examination was inadequate because it is not apparent that the VA examiner considered the appellant's lay statements regarding the onset of his claimed hearing loss as related to the moving vehicle accident which occurred while in service.

ary service, the VA examiner who evaluated the appellant regarding his cervical spine condition had failed to consider Dr.

According to the examiner,based on the evidence provided,the appellant's hearing loss was not related to his military service.

Authorities Cited

Acevedo v. ShinsekiBarr v. NicholsonCaluza v. BrownFletcher v. DerwinskiGilbert v. DerwinskiHorn v. ShinsekiIn Miller v. WilkieKutscherousky v. WestLayno v. BrownMoore v. NicholsonMoore v. ShinsekiRodriguez v. PeakeSavage v. GoberSee Best v. PrincipiSee Buchanan v. NicholsonSee Frankel v. DerwinskiSee Kay v. PrincipiSee Maxson v. GoberWilson v. Derwinski

Denial Type

Credibility|Preponderance Against|Duty To Assist|Inadequate Exam

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