BVA Case 20-4067: Back
Real Board of Veterans' Appeals decision · May 5,2022 · MEREDITH, Judge
Conditions Claimed
BackCervicalKneeSleep_ApneaShoulderAnkleHeadacheTbiRespiratoryGi
Issues on Appeal
Back ConditionService ConnectionEffective DateReopenKnee ConditionIncreased RatingSleep Apnea
Why It Was Decided This Way
In October 2006,the Board denied entitlement to higher disability ratings for the appellant's right shoulder disabilities.
In August 2007,the Board denied the appellant's claim,R.
The RO denied entitlement to benefits for right carpal tunnel syndrome and continued to deny entitlement to benefits for a left wrist disability,to include carpal tunnel syndrome,finding that the appellant had not submitted new and material evidence with respect to that claim.
He further argues that the Board overlooked an in-service injury and that the Board failed to define whether [he]had received bilateral shoulder treatment during the presumptive period,if the injury disturbed his earning capacity[,].
The appellant further argues that the Board failed to consider whether he was entitled to a temporary total evaluation prior to February 2017,based on his left shoulder surgery.
He also asserts that he challenged the examiners'competency before the Board,but the Board ignored the petition and violated its duty to assist.
Next,the appellant argues that the Board erred in failing to ensure that VA satisfied its duty to assist him because the Board neglected to coordinate tests for his TBI.
The appellant contends that [t]he Board erred when it rejected 'clear and unmistakable evidence'that [he]had a left knee condition preceding service[,] failed to discuss whether this condition was aggravated beyond the natural progression o[f]the disease[,]and if it could have triggered additional disabilities.
Authorities Cited
Denial Type
No Nexus|Not New Material|Duty To Assist|Inadequate Exam
Find Similar Precedent for Your Claim
VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.
Run my claim through VetAid →