CAVC Case 21-0347: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-09-29 · MOORMAN

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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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
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100%$3,938.58
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Outcome
Affirmed / Vacated / Remanded
Decision Date
2020-09-29
Judge
MOORMAN
Service Era
Not specified

Conditions Claimed

BackCervicalShoulderAnkleArthritisRadiculopathy

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Issues on Appeal

Back ConditionService Connection

Why It Was Decided This Way

The examiner is notified that findings of not due to, not caused by, and not related to are insufficient to address the question of aggravation.

In the September 29,2020,decision on appeal,the Board denied service connection for left arm radiculopathy.

The Board determined that service connection on a direct basis was not warranted because neither the appellant.

5 The 5 Specifically,the Board explained that,in December 2018,it had found the following medical evidence to be inadequate for the following reasons:(1)the October 2004 VA examiner did not address whether the appellant.

e for the opinion that 4 Board further explained that it had remanded the matter for an adequate VA nexus opinion,which was obtained in September 2019.

The appellant was not medically competent to provide a nexus opinion.

The RO and the Board denied service connection for bilateral pes planus.

The appellant's bilateral pes planus (claimed as a right foot condition) was less likely than not related to an in-service event or injury.

Authorities Cited

Allday v. BrownAmin v. ShinsekiArdison v. BrownAries v. PeakeBarr v. NicholsonBerger v. BrownDavidson v. ShinsekiDyment v. PrincipiEvans v. ShinsekiEvans v. WestFletcher v. DerwinskiGilbert v. DerwinskiGill v. McHilkert v. WestKutscherousky v. WestMonzingo v. ShinsekiRusso v. BrownSee Allen v. BrownSee Dyment v. WestSee Frankel v. DerwinskiSee Gill v. ShinsekiSee Janssen v. PrincipiSee Kay v. PrincipiSee Martin v. Occupational Safety Health RevSee Quirin v. ShinsekiSee Tucker v. WestShedden v. PrincipiStefl v. NicholsonStegall v. WestVan Valkenburg v. Shinseki

Denial Type

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

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