09-05 042

CourtBoard of Veterans' Appeals
DecidedJanuary 29, 2016
Docket09-05 042
StatusUnpublished

This text of 09-05 042 (09-05 042) is published on Counsel Stack Legal Research, covering Board of Veterans' Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
09-05 042, (bva 2016).

Opinion

Citation Nr: 1602926 Decision Date: 01/29/16 Archive Date: 02/05/16

DOCKET NO. 09-05 042 ) DATE ) )

On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama

THE ISSUES

1. Entitlement to service connection for burns to the hands.

2. Entitlement to service connection for an acquired psychiatric disorder, to include generalized anxiety disorder and depression.

3. Entitlement to service connection for a sleep disorder.

4. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for a back disorder, a right knee disorder, a right shoulder disorder, and a left shoulder disorder, and to include whether these claims to service connection should be reconsidered.

5. Entitlement to service connection for a back disorder.

6. Entitlement to service connection for a right knee disorder.

7. Entitlement to service connection for a right shoulder disorder.

8. Entitlement to service connection for a left shoulder disorder.

9. Whether new and material evidence has been received to reopen a claim of entitlement to service connection for a left knee disorder, and if so, whether service connection is warranted.

10. Entitlement to nonservice-connected pension benefits.

REPRESENTATION

Appellant represented by: John F. Cameron, Attorney

ATTORNEY FOR THE BOARD

A. Hodzic, Associate Counsel

INTRODUCTION

The Veteran, who is the appellant in this case, had active military service from April 1976 to April 1979 in the United States Army, and appears to have had an additional four months and two days of prior active military service, as well as service in the Alabama National Guard.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a May 2007 rating decision of the Department of Veteran's Affairs (VA) Regional Office (RO) in Montgomery, Alabama, which denied entitlement to service connection for burns to the hands, and from a November 2013 rating decision, which denied entitlement to service connection for an acquired psychiatric disorder and a sleep disorder. Moreover, the November 2013 rating decision reopened the claims of entitlement to service connection for a back disorder, a right knee disorder, a right shoulder disorder, and a left shoulder disorder, but denied these claims on the merits. Additionally, an April 2011 rating decision denied the claim to reopen entitlement to service connection for a left knee disorder and a separate April 2011 decision denied entitlement to nonservice-connected pension. The Veteran appealed the denials in these decisions and the matters are now before the Board.

This case was previously before the Board on several occasions, and most recently in April 2012, the Board decided several of the issues and remanded the claim of entitlement to service connection for burns to the hands for additional evidentiary and procedural development. As discussed in more detail below, the Board finds that there has been substantial compliance with its remand orders and that it may therefore proceed with a determination of this issue on appeal. See Stegall v. West, 11 Vet. App. 268 (1998).

The issues of entitlement to service connection for an acquired psychiatric disorder, a sleep disorder, a back disorder, a right knee disorder, a right shoulder disorder, and a left shoulder disorder, as well as the claim to reopen entitlement to service connection for a left knee disorder and entitlement to nonservice-connected pension benefits, are addressed in the REMAND portion of the decision below and are REMANDED to the Agency of Original Jurisdiction (AOJ).

FINDINGS OF FACT

1. The Veteran's right-hand burn scar was not incurred in service, and it is not otherwise caused by or related to his military service.

2. In an April 2012 decision, the Board denied the Veteran's claim of entitlement to service connection for a back disorder and claims to reopen claims of entitlement to a right knee disorder, a right shoulder disorder, and a left shoulder disorder.

3. Since the April 2012 Board decision, relevant official service department records were associated with the claims file.

CONCLUSIONS OF LAW

1. The criteria for service connection for burns to the hands have not been met. 38 U.S.C.A. §§ 1101, 1131, 1137, 5107 (West 2014); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2015).

2. The April 2012 Board decision that denied entitlement to service connection for a back disorder and claims to reopen entitlement to a right knee disorder, a right shoulder disorder, and a left shoulder disorder is final. 38 U.S.C.A. § 7104(a) (West 2014); 38 C.F.R. §§ 20.1100(a), 20.1104 (2015).

3. The issues of entitlement to service connection for a back disorder, a right knee disorder, a right shoulder disorder, and a left shoulder disorder are reconsidered. 38 U.S.C.A. §§ 5108, 7105 (West 2014); 38 C.F.R. § 3.156(a), (c) (2015).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

Service Connection for Burns to the Hands

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C.A. § 1131; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). As a general matter, service connection for a disability requires evidence of: (1) the existence of a current disability; (2) the existence of the disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004).

In deciding claims, it is the Board's responsibility to evaluate the entire record on appeal. See 38 U.S.C.A. § 7104(a). Although the Board has an obligation to provide reasons and bases supporting this decision, there is no need to discuss each and every piece of evidence submitted by the appellant or on his behalf. See Gonzales v. West, 218 F.3d 1378, 1380-81 (Fed. Cir. 2000). Rather, the Board's analysis below will focus specifically on what evidence is needed to substantiate the claim and what the evidence in the claims file shows, or fails to show, with respect to the claim. See Timberlake v. Gober, 14 Vet. App. 122, 128-30 (2000).

In determining whether service connection is warranted for a disorder, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the Veteran prevailing in either event, or whether a preponderance of the evidence is against the claim, in which case the claim is denied. 38 U.S.C.A. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Golz v. Shinseki
590 F.3d 1317 (Federal Circuit, 2010)
Sickels v. Shinseki
643 F.3d 1362 (Federal Circuit, 2011)
Timberlake v. Gober
14 Vet. App. 122 (Veterans Claims, 2000)
James P. Barr v. R. James Nicholson
21 Vet. App. 303 (Veterans Claims, 2007)
Fred J. Vigil v. James B. Peake
22 Vet. App. 63 (Veterans Claims, 2008)
Angel S. Nieves-Rodriguez v. James B. Peake
22 Vet. App. 295 (Veterans Claims, 2008)
Gilbert v. Derwinski
1 Vet. App. 49 (Veterans Claims, 1990)
Godfrey v. Brown
7 Vet. App. 398 (Veterans Claims, 1995)
Archbold v. Brown
9 Vet. App. 124 (Veterans Claims, 1996)
Gonzales v. West
218 F.3d 1378 (Federal Circuit, 2000)
Stegall v. West
11 Vet. App. 268 (Veterans Claims, 1998)
Manlincon v. West
12 Vet. App. 238 (Veterans Claims, 1999)
Kutscherousky v. West
12 Vet. App. 369 (Veterans Claims, 1999)
McLendon v. Nicholson
20 Vet. App. 79 (Veterans Claims, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
09-05 042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/09-05-042-bva-2016.