BVA Case 19-4559: Back

Shanahan ,through counsel appeals a March 19,2019,Board of Veterans'Appeals (Board) decision finding that new and material evidence had not been received to reopen a claim of entitlement to disability compensation for degenerative joint and disk disease of the lumbosacral spine,and denying entitlement to disability compensation for pulmonary fibrosis and peripheral neuropathy,claimed as uncommon toxic nervous system disorder.

After the RO found that new and material evidence had not been submitted to reopen the previously denied back condition claim and denied the claims for pulmonary disease and a nervous system disorder,R.

VA obtained a medical opinion regarding the appellant's back condition in February 2017;the examiner opined that the condition was not related to service.

On March 19,2019,the Board found that new and material evidence had not been received to reopen a claim of entitlement to disability compensation for degenerative joint and disk disease of the lumbosacral spine and denied entitlement to disability compensation for pulmonary fibrosis 2 and peripheral neuropathy,claimed as uncommon toxic nervous system disorder 1 .

ANALYSIS The appellant argues that the Board provided inadequate reasons or bases for finding that new and material evidence was not submitted to reopen the back condition claim.

He contends,with respect to his pulmonary fibrosis claim,that VA's duty to provide a VA examination was triggered by the internet article he submitted in May 2014 indicating that there may be a relationship between service at Camp Lejeune and pulmonary fibrosis,and that the Board erred when it found that the onset of pulmonary symptoms 12 years after separation from military service weighed against his claim.

Regarding his peripheral neuropathy claim,he asserts that,although the Board found that there was no current disability,his medical records reflect complaints of nerve pain � symptoms of a potential disability � and therefore a VA examination is necessary to confirm a diagnosable disease or confirm the etiology of his documented nerve pain complaints.

New and Material Evidence For claims to reopen decided prior to February 19,2019, see 38 C.