CAVC Case 98-664: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · July 7, 1999 · KRAMER

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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Outcome
Unknown
Decision Date
July 7, 1999
Judge
KRAMER
Service Era
Not specified

Conditions Claimed

BackKneeShoulderHipEyeArthritisRadiculopathy

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Issues on Appeal

BackKneeShoulderHipEyeArthritisRadiculopathy

Why It Was Decided This Way

In the January 1998 BVA decision here on appeal, the Board denied as not well grounded multiple claims under 38 U.

§§ 1110 or 1131 a claimant must submit evidence of each of the following: (1) Medical evidence of a current disability; (2) medical evidence, or in certain circumstances lay evidence, of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the asserted in- service injury or disease and the current disability.

303(b) (1998) by (a) evidence that a condition was "noted" during service or during an applicable presumption period; (b) evidence showing post-service continuity of symptomatology; and (c) medical or, in certain circumstances, lay evidence of a nexus between the present disability and the post-service symptomatology.

onal rehabilitation under chapter 31 of title 38, United States Code; and (3) medical evidence of a nexus between that asserted injury or disease and the current disability.

such hospitalization or treatment; and (c) medical or, in certain circumstances, lay evidence of a nexus between the present disability and the post-hospitalization/treatment symptomatology.

) The credibility of the evidence presented in support of a claim is generally presumed when determining whether it is well grounded.

However, the Court cannot find any competent medical evidence in the ROA that would show a nexus between his claimed left-knee and left-hand conditions and his October 1992 fall at the VAMC.

The appellant argues as follows: "Continuity testimony up until the time of the current diagnosis establishes the medical nexus necessary.

Authorities Cited

Boggs v. WestBrooks v. United StatesBrown v. GardnerCaluza v. BrownDegmetich v. BrownEpps v. GoberEpps v. WestFalzone v. BrownGrottveit v. BrownLayno v. BrownMurphy v. DerwinskiNeal v. DerwinskiPowers v. United StatesRobinette v. BrownRoss v. DerwinskiSavage v. GoberSee Elkins v. WestSee Ford v. Gober

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.303(b)38 CFR 3.303(b) (1998)38 USC 111038 USC 115138 USC 1151 (1992)38 USC 1151 (1998)38 USC 5107(a)38 USC 7252(a)

Denial Type

Credibility|No Nexus

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.