Godfrey v. Brown

7 Vet. App. 398, 1995 U.S. Vet. App. LEXIS 174, 1995 WL 88140
CourtUnited States Court of Appeals for Veterans Claims
DecidedMarch 6, 1995
DocketNo. 92-622
StatusPublished
Cited by70 cases

This text of 7 Vet. App. 398 (Godfrey v. Brown) is published on Counsel Stack Legal Research, covering United States Court of Appeals for Veterans Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Godfrey v. Brown, 7 Vet. App. 398, 1995 U.S. Vet. App. LEXIS 174, 1995 WL 88140 (Cal. 1995).

Opinion

STEINBERG, Judge:

The appellant, Vietnam-era veteran Willis W. Godfrey, appeals from a January 9, 1992, decision of the Board of Veterans’ Appeals (BVA or Board) denying reopening of claims for, inter alia, a back disorder and arthritis, and referring the claim of service connection for residuals of right-ankle fracture to the agency of original jurisdiction (AOJ) for further consideration. The appellant has filed a brief requesting that the Court vacate the Board’s decision denying his claims for back condition and arthritis, reverse the Board’s finding that the evidence submitted to support his claim was not new and material, and reverse the Board’s decision that the issue of the residuals of the right-ankle fracture was not properly before the Board for review. The appellant also requests that the Court remand the case to the Board to consider the issue of residuals of right-ankle and wrist and hand injuries. The Secretary has filed a brief urging summary affirmance as to the back-disorder and arthritis claims and remand as to the hand and wrist claims. He also argues that the referral to the AOJ on the right-ankle claim was proper. For the reasons that follow, the Court will affirm in part and vacate in part the BVA decision and remand two matters to the Board.

I. Background

The veteran served on active duty in the U.S. Air Force from November 1953 to October 1957 and from December 1957 to January 1974. Record (R.) at 11-12, 272. His November 1953 entrance medical examination reported no abnormalities. R. at 13-14. An October 1954 Service Medical Record (SMR) noted that he had noticed “a steady, dull localized [backache] in the lumbo-sacral region since last June ... accompanied by a burning sensation on urination.” R. at 27, 32, 53, 59. The clinical record reported that the “pains had radiated to both hips and become worse when he bends back his body”. R. at 32. Physical examination revealed “slight pain, tender and spasm”. R. at 33. The examination and notations were made in connection with a U.S. Army hospital admission and later diagnosis of urethritis. R. at 27. A November 1954 SMR stated that the veteran “ha[d] lumbo-sacral pain on exertion” and that he had “hurt his back while driving about 4 months ago”. R. at 70. A September 1955 SMR reported that he had claimed to have “[fallen] or slipped down metal stairs” and that an accident report had been submitted. R. at 87. That record did not contain any reference to the veteran’s back. A November 1955 SMR indicated that he had complained of a backache. Ibid.

A June 1956 SMR report stated the following: “Past mo[nth] mild discomfort over L2 [and] 3 on left side. Since 1954 driving [accident], snapped back [and] has hurt off [and] on. Constant soreness, mostly on extending back or bending over. More pain in the morning right after getting out of bed.” R. at 99. The report stated that an x-ray had shown “a [s]pina [b]ifida L5”. Ibid. (Spi-[401]*401na bifida is “a congenital cleft of the vertebral column with hernial protrusion of the meninges”; meninges are more than one of the three membranes that envelop the brain and spinal cord, Webster’s Medical Desk Dictionary 667, 422 (1986) [hereinafter Webster’s].) However, an x-ray report of the same date stated “essentially normal”. R. at 102. The impression was “myositis”. R. at 99. (Myositis is muscular discomfort or pain from infection or an unknown cause, Webster’s at 461.) The recommendation was “Xylocaine [i]nj[eetion] locally” and “Tol-snol”. R. at 99.

A September 1957 examination for discharge from his first period of service included a history in which the veteran reported that he had never had arthritis but that he did have “bone, joint, or other deformity”. R. at 105. The examining physician’s summary stated that other than mumps in childhood and an injury to his right leg, the veteran had “[d]enie[d] all other pertinent medical or surgical history.” R. at 106, 108. The discharge clinical evaluation showed no abnormalities. R. at 107.

A December 1957 examination for reenlistment reported no abnormalities. R. at 111— 12. A March 1961 SMR stated: “Back — no CVA [costovertebral angle, SHEILA B. SLOANE, MEDICAL ABBREVIATIONS AND EPONYMS 46 (1985)] tenderness.” R. at 128. A July 1962 examination reported no abnormalities in the clinical evaluation (R. at 145, 150), and stated that other than mumps in childhood, the veteran “[d]enie[d] all else” (R. at 153). At that time, his history stated no arthritis and no “bone, joint, or other deformity”. R. at 151.

A February 1963 SMR reported no abnormalities on examination. R. at 171. An August 1963 SMR stated that the veteran had reported having been in a car accident. R. at 120. There is no reference to any back pain but an x-ray of his left ankle was taken which was “negative”. Ibid. Another August 1963 SMR stated that the veteran had “sustained ‘fall off scooter’ ”, R. at 166, 170. Pain and swelling of his right ankle was reported and diagnosed as a strain; an ace bandage was applied. R. at 166, 170. A December 1964 SMR reported, on examination, a history of no arthritis and no “bone, joint, or other deformity”. R. at 109. A December 1966 SMR noted that he had experienced right shoulder and “some back pain”, with full range of motion and no tenderness. R. at 202. A January 1967 SMR stated that the veteran had fallen about a month before and experienced pain in the right ankle, scapular shoulder, and upper arm. R. at 203. An x-ray of his cervical spine was negative. The impression was “post[-]traumatic muscu-loskeletal pain”. Ibid. There was no reference to back pain.

A September 1967 SMR noted that the “Middle part of [the veteran’s] back aches”. R. at 211. A February 1968 SMR stated that he had complaints of “head and back pain lasting for short periods of time to 12 or 14 [hours]”, that the “back pain [was] continuous with or without head pain”, and that he had injured his back in December 1966 from a fall. R. at 211-12. The backache was described as being a “dull ache between shoulder blade[s]”. R. at 212. An examination of the back revealed “[n]o palpable tenderness” and full range of motion. The impression was myositis. Ibid.

A February 1970 SMR reported that the veteran had complained of “pains in back [and] chest due to being ‘beat-up’ by Tacoma police”. R. at 217. The impression was “multiple blunt traumatic injuries”. Ibid. A June 1970 SMR stated that he had complained of “[b]ack pain since swimming — 1 w[ee]k ago.” R. at 218. July 1972 and April 1973 SMRs showed that the veteran had pain and was treated for his right ankle, and that x-rays had revealed that the ankle had been fractured in July 1972. R. at 187, 188, 194, 222, 226, 229. A February 1972 SMR noted that he “twisted ankle while playing ball”. R. at 222, 226. The impression was “contusion” (R. at 222) and “sprained r[ight] ankle” (R. at 226). In April 1973, ankle pain was noted. R. at 229.

The veteran’s SMRs also included reports of right-hand pain and a fracture. R. at 87, 115, 116, 193, 200, 206, 213, 215. First were entries for right-hand pain in July and September 1955. R. at 87. A September 1958 SMR stated that the veteran had injured his right hand when he “slammed car door” on [402]*402it, and that he had received a laceration. R. at 114-15. An x-ray revealed no evidence of fracture. R. at 116. A May 1966 SMR reported that the veteran had pain in his wrist for five months. R. at 200. An April 1967 SMR noted that a hand x-ray showed a “possible] fracture”. R. at 206.

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

Related

200131-59767
Board of Veterans' Appeals, 2021
190401-8135
Board of Veterans' Appeals, 2019
181024-605
Board of Veterans' Appeals, 2019
10-00 198
Board of Veterans' Appeals, 2017
12-25 611
Board of Veterans' Appeals, 2017
10-22 334
Board of Veterans' Appeals, 2016
09-14 495
Board of Veterans' Appeals, 2016
10-18 272
Board of Veterans' Appeals, 2016
Sucic v. McDonald
640 F. App'x 901 (Federal Circuit, 2016)
09-05 042
Board of Veterans' Appeals, 2016
07-06 543
Board of Veterans' Appeals, 2015
10-08 748
Board of Veterans' Appeals, 2015
09-06 249
Board of Veterans' Appeals, 2015
05-35 817
Board of Veterans' Appeals, 2015
05-31 893
Board of Veterans' Appeals, 2015
15-09 318
Board of Veterans' Appeals, 2015
14-01 575
Board of Veterans' Appeals, 2015

Cite This Page — Counsel Stack

Bluebook (online)
7 Vet. App. 398, 1995 U.S. Vet. App. LEXIS 174, 1995 WL 88140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godfrey-v-brown-cavc-1995.