This Veteran injured his back while serving in the Navy during the Vietnam era.
Result: Service connection was awarded.
This Veteran injured his back while serving in the Navy. His service treatment records showed some treatment for his back but it was limited, and nothing was diagnosed at separation. The Veteran continued having problems with his back in the years after service. He tried his best to get by and did not see many doctors about the problem. Like a lot of Veterans he just tried to live with the problem as best he could. However, it got to the point where he could no longer tolerate the pain, so he filed a claim. Not surprisingly, the VA denied the claim on the grounds that there was no evidence that he was diagnosed with a back problem at separation. The VA also said there was no credible evidence that he had an ongoing problem with his back after discharge. The Board denied the Veteran’s claim. He hired us to work on his appeal to the U.S. Court of Appeals for Veterans Claims. We successfully got a remand of his claim. But the Board denied him again. The Veteran did not hire us to help him after the case was remanded.
The Veteran re-hired us to assist him again with another appeal to the U.S. Court of Appeals for Veterans Claims. Upon reviewing his file we noticed that there was a favorable C&P exam report as well as favorable private medical reports that documented that the Veteran had a back problem in the early years following discharge from service. We read the Board decision and discovered that the Board had rejected even its own C&P examiner. The Board bent over backwards to concoct ways to deny the claim. After negotiations with the attorney for the VA, we were able to get an agreement that the case would be settled with an agreement that service-connection would be awarded.