Board failed to explain why it relied on inadequate & unclear VA examination

Board failed to explain why it relied on inadequate & unclear VA examination

Summary:

The Veteran sought service connection for a cervical spine disability.  He underwent a VA exam in which the examiner found his condition not related to service. The examiner noted the Veteran did not complain of symptoms until the age of 62.  The Board of Veterans’ Appeals relied on this examination to deny the Veteran’s claim.  On appeal to the Court, CCK argued that the examiner contradicted himself in his medical opinion, as even he acknowledged the Veteran’s report of experiencing symptoms when he was 42.

Outcome:

The Court found the examination to be inadequate because the opinion is based on inaccurate factual premise.  The Court remanded the case for the Board to explain its reliance on the examination despite this deficiency, or to seek clarification of the exam.

Category: Veterans Law, Court Wins