CAVC Case 92-1235: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · December 20, 1995 · MANKIN

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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40%$795.84
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Outcome
Unknown
Decision Date
December 20, 1995
Judge
MANKIN
Service Era
Not specified

Conditions Claimed

BackHeadacheSkinDiabetesEye

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Issues on Appeal

BackHeadacheSkinDiabetesEye

Why It Was Decided This Way

In the June 30, 1992, BVA decision, here on appeal, the Board denied entitlement to service connection for Huntington's chorea and vascular headaches.

At the outset of its decision, the Board found that the claims were well grounded and that "all relevant facts necessary to an equitable disposition of the appeal have been obtained".

With respect to Huntington's chorea, the Board noted that SMRs documented that on two occasions in 1978 and two occasions in 1979 the veteran had been treated for influenza and viral syndrome, and that SMRs were negative for any "complaints, findings or manifestations of" Huntington's chorea.

The Board noted that the January 1991 VA examination report recorded the veteran's statement that he had experienced double vision in 1979; that he had felt "like he was about to pass out" in 1985-86 and had other symptoms starting in 1987; that at the time of the March 1991 VA examination the veteran had reported that episodes of dizziness and lack of coordination had begun in 1978; and that at the 6 August 1991 personal hearing he had testified that he had experienced headaches, dizziness, loss of coordination, double vision, and a memory problem in service.

As to the veteran's sworn testimony that he was treated on numerous occasions in service for symptoms alleged to be consistent with Huntington's chorea, the Board found that the SMRs "do not confirm this testimony as to the number of times he was treated" and that "on those occasions where symptoms alleged to be consistent with Huntington's chorea were treated, a diagnosis of an acute disorder such as influenza or viral syndrome was noted.

The Board found that the first diagnosis of Huntington's chorea was in January 1991, at which time the veteran had indicated that his symptoms had begun in 1985, and the Board concluded that the history the veteran had reported in January 1991 "for the purpose of receiving medical treatment is of greater probative value than the testimony at the personal hearing in August 1991[ ] and the arguments advanced for the purpose of securing disability compensation.

Based on a lack of in-service findings of the disease and a lack of evidence of continuity of symptomatology between discharge and 1985, the Board concluded that the preponderance of the evidence was against the claim.

With respect to vascular headaches, the Board found that the SMRs did not reflect any complaints, findings, or manifestations of vascular headaches and that although the veteran had complained of headaches in 1978 and 1980 "those complaints were related to acute disorders diagnosed at that time.

Authorities Cited

Caluza v. BrownEdenfield v. BrownEspiritu v. DerwinskiGilbert v. DerwinskiGrottveit v. BrownHatlestad v. DerwinskiLittke v. DerwinskiMagana v. BrownMurphy v. DerwinskiRobinette v. BrownSee Frankel v. DerwinskiSee Grivois v. BrownSee Heuer v. BrownSee Soyini v. DerwinskiThurber v. BrownTirpak v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.159 (1994)38 USC 5103(a)38 USC 5107(a)38 USC 5107(b)38 USC 510838 USC 7104(d)(1)38 USC 7261(a)(1)38 USC 7261(b)

Denial Type

Not New Material|Preponderance Against|Duty To Assist

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