BVA Case 21-3714: Back

In his brief,the appellant argued that the Board erred in relying on a medical opinion premised on medical treatises,without addressing the probative value of the opinion in light of the treatises'qualifying and contradictory information.

The Board found the December 2014 VA examination inadequate because the examiner did not review the appellant's claims file or provide etiological opinions.

The Board found that because obesity could qualify as an 'intermediate step'between the [appellant's]claimed musculoskeletal disabilities and his GERD, the claim for a stomach condition was inextricably intertwined with the issues of service connection for the musculoskeletal disabilities on appeal.

The Board noted that if the examiner found that any of the claimed 4 disabilities caused the appellant to become obese, then the examiner should opine on whether this obesity in whole or in part caused or aggravated the appellant's GERD.

On remand,the RO was instructed to forward the appellant's claims file to a VA examiner for an addendum opinion addressing whether the claimed lumbar spine disability is at least as likely as not related to or caused by service , to include repeated parachute jumps.

With respect to the appellant's claimed GERD,the Board noted that additional treatment records dated after the appellant's service reflect his history of an ulcer condition,abdominal pain, and nausea.

In the April 2021 decision,the Board determined that a gastrointestinal disability did not manifest in-service,is unrelated to a service- connected disease or injury,and is not otherwise related to service.

In addition, the Board determined that arthritis of the lumbar spine did not manifest within 1 year of separation from service.