BVA Case 23-2629: Back

Real Board of Veterans' Appeals decision · May 20,2024 · MEREDITH, Judge

Outcome
Vacated / Remanded
Decision Date
May 20,2024
Judge
MEREDITH, Judge
Service Era
Not specified

Conditions Claimed

BackCervicalSleep_ApneaHipHeartHypertension

Issues on Appeal

Service ConnectionSleep Apnea

Why It Was Decided This Way

The examiner determined that the appellant's condition was less likely than not related to service and provided the following rationale: No chronic diagnosis is made for thyroidism during service.

Two months later,the appellant requested a new examination,asserting that the opinion did not consider [his] claim under all elements for service connection.

Later in November 2021,the Board denied entitlement to benefits for OSA, finding that it had not manifested during active service and was otherwise not related to service.

Of note,the Board found that the appellant's claimed disabilities are all diseases,and therefore they can only arise from periods of A[CDUTRA], R.

and/or sleep apnea is at least as likely as not related to chemical exposure (lubricants, solvents,fuels,etc.

The following month,a VA nurse practitioner reviewed the appellant's claims file and opined that the appellant's OSA was less likely than not related to service.

She explained as follows: [T]here is scant data supporting a nexus between the current diagnosis of [OSA]and military service[,]includingchemical exposure .

Also in January 2023, the same VA nurse practitioner provided an opinion that the appellant's thyroid cancer was less likely than not related to his active service and provided the following explanation: Based on review of the available evidence,it is less likely than not that the claimed condition is due to service[,]as there is scant data supporting a nexus between the current diagnosis of ([f]ollicular)thyroid cancer and military service.

Authorities Cited

Allday v. BrownArdison v. BrownAries v. PeakeBarr v. NicholsonBest v. PrincipiBond v. DerwinskiDavidson v. ShinsekiEuzebio v. McEvans v. ShinsekiFletcher v. DerwinskiFoster v. McGilbert v. DerwinskiHayes v. BrownJones v. ShinsekiMartin v. Occupational Safety Health RevMedrano v. ShinsekiMonzingo v. ShinsekiOrtiz v. PrincipiRucker v. BrownRusso v. BrownSee Frankel v. DerwinskiSee Janssen v. PrincipiSee Medrano v. NicholsonSee Quirin v. ShinsekiSee Tucker v. WestShedden v. PrincipiStefl v. NicholsonWise v. Shinseki

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

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