BVA Case 20-2734: Back

Real Board of Veterans' Appeals decision · November 29,2021 · PIETSCH, Judge

Outcome
Unknown
Decision Date
November 29,2021
Judge
PIETSCH, Judge
Service Era
Not specified

Conditions Claimed

BackCervicalShoulderHipAnkleHeadacheEyeArthritisRadiculopathy

Issues on Appeal

Back ConditionService Connection

Why It Was Decided This Way

2 In the March 2020 decision on appeal, the Board found that Ms.

But the Board found that the preponderance of the evidence weighed against finding that these diagnoses began during service or were related to an in-service injury, event,or disease.

The Board noted that despite reporting several medical problems at separation, Ms.

The Board afforded the March 2019 private medical opinion no probative weight because it found that the private physician based her positive nexus opinion on an incorrect factual premise.

Because the Board found no link between a lumbar spine disorder and service,it found that service connection for bilateral radiculopathy secondary to a lumbar spine disorder was not warranted.

Phillips argues that the Board erred in not relying on the March 2019 private opinion to grant her claims.

Alternatively,she asserts that the Board failed to ensure compliance with the duty to assist to obtain medical opinions and to obtain relevant records of a right shoulder surgery.

Phillips's testimony not credible,reasonably found that VA had satisfied the duty to assist,and adequately explained the reasons for its decision.

Authorities Cited

Bardwell v. ShinsekiBuchanan v. NicholsonDeloach v. ShinsekiFountain v. McFrankel v. DerwinskiGutierrez v. PrincipiHorn v. ShinsekiHoward v. GoberJandreau v. NicholsonLendon v. NicholsonLoving v. NicholsonRobinson v. ShinsekiSee Best v. PrincipiSee Breeden v. PrincipiSee Hensley v. WestSee Hilkert v. WestSee Reonal v. BrownSee Robinson v. PeakeSee Soyini v. DerwinskiSee Tucker v. WestSee Walker v. ShinsekiSee Waters v. ShinsekiShinseki v. SandersWashington v. NicholsonWaters v. ShinsekiWells v. PrincipiWise v. Shinseki

Denial Type

Credibility|No Nexus|Preponderance Against|Duty To Assist|Inadequate Exam

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