Rollings v. Brown

8 Vet. App. 8, 1995 U.S. Vet. App. LEXIS 426, 1995 WL 319597
CourtUnited States Court of Appeals for Veterans Claims
DecidedMay 26, 1995
DocketNo. 93-984
StatusPublished
Cited by5 cases

This text of 8 Vet. App. 8 (Rollings 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
Rollings v. Brown, 8 Vet. App. 8, 1995 U.S. Vet. App. LEXIS 426, 1995 WL 319597 (Cal. 1995).

Opinion

IVERS, Judge:

June D. Rollings, through counsel, appeals from a June 21, 1993, Board of Veterans’ Appeals (BVA or Board) decision which denied her claim for entitlement to service connection for a bilateral knee disorder. June D. Rollings, BVA 93-12628 (June 21, 1993). The Court has jurisdiction of the case under 38 U.S.C. § 7252(a). For the reasons set forth below, the Court will vacate and remand the decision of the BVA.

I.

The appellant served on active duty in the United States Marine Corps from September 4,1944, to February 12,1946. Record (R.) at 13. The induction examination conducted in October 1942 did not note any knee problems. R. at 15-16. The examiner indicated that the appellant had a “deviation to right” but did not note what part of the anatomy was deviated. R. at 18. In a May 1944 [10]*10examination the examiner noted under “spine and extremities” that the appellant had scoliosis which was not disqualifying. R. at 21. In November 1944, the appellant was hit by a military jeep. R. at 28. She was reported to have some tenderness over the second lumbar vertebra, and the examiner noted that the appellant was “hit across [the] lower back and was thrown foreward [sic].” Id. The next day she was described as “stiff but walking.” Id. The discharge examination reported under “History of illness or injury” a “contusion [in the] region of [the] lumbar spine,” with a notation that the appellant had an “occasional back ache.” R. at 31-33. The spine and extremities were reported as normal. Id.

In 1982, the appellant applied for compensation for a back injury and bilateral knee injury. R. at 37. A statement from her ex-husband, who the appellant indicated was her treating physician from 1945-60, was submitted noting that she was diagnosed with “sy-novitis, knees, bilateral-chronic recurrent [with] minimal effusion.” R. at 47. Synovi-tis is inflammation of a specific membrane with pain, “particularly on motion, and is characterized by a fluctuating swelling due to effusion within a synovial sac.” Dorland’s IllustRAted Medioal DICTIONARY [hereinafter DoRLAnd’s] 1649 (1988 27th ed.). No additional records were available. R. at 56. Private treatment records dated June 1980 from Dr. Ronald Saykaly were obtained which showed “minimal restriction in the lumbosacral region,” and diagnosed patellar-femoral arthritis and traumatic arthritis of the axial skeleton. R. at 58-59. A December 1980 notation by Dr. Richard Gill indicated degenerative joint disease of both knees. R. at 38, 63. In July 1982, the Regional Office (RO) denied service connection for back and knee disorders. R. at 67.

In April 1990, the appellant attempted reopening of the knee disorder claim. R. at 74. She submitted medical certificates from Dr. Rollings, her former husband, which noted continuous treatment between 1947-59 with a diagnosis of post-traumatic arthritis of both knees; from Dr. James Butler noting treatment in 1989 with a diagnosis of degenerative arthritis in both knees; and a statement from Dr. Gill noting that he had treated the appellant in 1980 for degenerative joint disease in both knees. R. at 81, 83, 84. In May 1990, the RO denied reopening of the knee disorder claim. R. at 89.

The appellant submitted a comprehensive medical reassessment from Dr. Saykaly dated March 1990 which noted advanced osteoarthritis. R. at 91-97. Osteoarthritis is noninflammatory degenerative joint disease. Dorland’s at 1197. The appellant submitted a statement in support of her claim indicating that she had complained about her knees at the time of treatment in 1944, but that the doctors were primarily concerned about her back. R. at 102. She stated that her knees had never been the same since the accident and that she was forced to hire a housekeeper because she could not carry her children or go up and down the stairs. R. at 103. The RO denied reopening of the claim in August 1990. R. at 114. In August 1990, the appellant filed a Notice of Disagreement (NOD). R. at 119. A Statement of the Case (SOC) was issued. R. at 124.

The appellant submitted a letter from her housekeeper who had worked for her in 1946 and who stated that the appellant had had problems with her knees at that time, and that the appellant had attributed it to an accident in the military. R. at 130. The housekeeper also stated that Dr. Rollings always told the appellant that she would have problems with her knees later in life. R. at 130. A similar letter from a friend who had known the appellant since 1953 was submitted. R. at 131. The appellant appealed to the BVA. R. at 134. In January 1991; the RO denied reopening of the claim. -R. at 137. A Supplemental SOC (SSOC) was issued. R. at 140. A hearing was held at the RO in April 1991 where the appellant testified that her knee pain had existed since the 1944 accident; that she had no problems with arthritis; that until her divorce from Dr. Rollings in 1960, he acted as her treating physician; and that the misplaced hospital report from 1944 had been located. The hearing officer informed her that if Dr. Rollings provided her with a more detailed statement it would assist her case. R. at 146,147, 149, 152.

[11]*11A friend of the appellant, Shirley Wolff, submitted a letter stating that the appellant had progressively deteriorating knee problems since her military discharge. R. at 156. A medical report dated June 1974, noted that the appellant had “multiple changes of both knees on x-ray.” R. at 160. Dr. Rollings submitted a statement stating that the appellant had knee problems in 1946 during her pregnancy as a result of the weight gain which required that she use “elastic supports to keep her from falling and miscarriage.” R. at 163. Duplicates of prior medical statements were submitted. R. at 164.

In June 1991, the hearing officer found that new and material evidence had been submitted to reopen the back claim and granted service connection for the back claim. R. at 167. With regard to the knee claim, he found that new and material evidence had been submitted but denied the claim on the merits because of the absence of pertinent information in the service medical records. R. at 168. The appellant filed an NOD. R. at 171. An SSOC was issued. R. at 172.

In July 1991, Dr. Butler submitted a statement stating that the appellant’s degenerative arthritis of the knees “could have been initiated by her jeep accident in 1944.” R. at 177. An article about arthritis was submitted. R. at 178. The appellant submitted a statement that she had “proven the accident” happened in 1944 and had provided five doctors’ statements about her problems. R. at 187. A letter from Dr. Saykaly was submitted which stated:

[I]t is my understanding the patient was injured in a jeep accident in 1944 when she was hit from the back [by] a jeep, thrown eight (8') feet, landing on her knees. Despite early lack of radiographic evidence for damage, it is clear she has had progressive chondromalae[i]a patellae and osteoarthritis of the knee. Undoubtedly, this disorder can result from prior trauma. Certainly, although asymptomatic for years, the [word not legible] for future damage could well have originated with this accident.
Without other identifiable causes, it is quite probable that the trauma has contributed to the patient’s knee and back problems in later years.

R. at 195.

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Bluebook (online)
8 Vet. App. 8, 1995 U.S. Vet. App. LEXIS 426, 1995 WL 319597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rollings-v-brown-cavc-1995.