BVA Case 20-1455: Back
Real Board of Veterans' Appeals decision · September 14,2021 · SCHOELEN
Conditions Claimed
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
Denial Type
Credibility|No Nexus|Not New Material|Preponderance Against|Inadequate Exam
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