The Board Erred When It Relied On An Inadequate Medical Examination To Deny A Shoulder Disability

The Board Erred When It Relied On An Inadequate Medical Examination To Deny A Shoulder Disability

The Board denied service connection for the Veteran’s left shoulder disability based on an October 2012 VA examination. The Court found that the Board erred when it relied on this examination because it was inadequate. The Court found that the examiner’s analysis of whether there was a nexus between the Veteran’s service and his left shoulder disability was too narrow. The VA examiner improperly considered only whether the Veteran’s left shoulder disability was caused by a single incident in service. The VA examiner failed to proper consider whether Veteran’s left shoulder disability was caused by his time in service in general, including a review of the Veteran’s full medical history. As a result, remand was required.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins