CAVC Case 20-1455: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2019-12-27 · SCHOELEN

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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RatingMonthly (2026, incl. 2.8% COLA)
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
Vacated / Remanded
Decision Date
2019-12-27
Judge
SCHOELEN
Service Era
Not specified

Conditions Claimed

BackCervicalHeadache

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Issues on Appeal

Back ConditionService ConnectionReopen

Why It Was Decided This Way

In October 2003, the appellant requested that his disability compensation claim for the back be reopened based on new and material evidence.

He submitted a 2002 positive nexus opinion from a VA examiner, Dr.

In a July 2006 decision,the Board found that the appellant had submitted new and material evidence,R.

at 3454-55;but after further development, the RO and the Board denied the disability compensation claim because it found that the current disability was not related to service,R.

In March 2017,the Board relied on the December 2010 VA examiner's negative nexus opinion as the most probative and persuasive medical evidence and denied the claim.

But the Board found no evidence that a back injury was sustained at that time.

The Board also detailed the December 2010 VA examiner's negative nexus opinion and the June 2018 VA examiner's positive nexus opinion,including that the June 2018 VA examiner reviewed a note from Dr.

In its analysis,the Board explained that it found the December 2010 VA examiner's rationale for his negative nexus opinion was sufficient and probative and adequate in light of the [appellant]'s claims of the examiner's mischaracterization of his work history.

Authorities Cited

Allday v. BrownArdison v. BrownAries v. PeakeBarr v. NicholsonBest v. PrincipiCaluza v. BrownDavidson v. ShinsekiEvans v. ShinsekiFletcher v. DerwinskiGilbert v. DerwinskiJandreau v. NicholsonKutscherousky v. WestMartin v. Occupational Safety Health Review CommMonzingo v. ShinsekiOwens v. BrownRusso v. BrownSee Deloach v. ShinsekiSee Frankel v. DerwinskiSee Hensley v. WestSee Kay v. PrincipiSee Quirin v. ShinsekiSee Tucker v. WestSee Washington v. NicholsonShedden v. PrincipiShinseki v. SandersStefl v. Nicholson

Denial Type

Credibility|No Nexus|Not New Material|Preponderance Against|Inadequate Exam

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