CCK Wins Court Order For Army Vet
Chisholm, Chisholm & Kilpatrick recently won a Court Order for an Army veteran that remanded his case to the Board with instructions to obtain a proper medical examination. The veteran was struck in the abdomen and back in service by a bar protruding from a fire training wagon in service. On appeal from the Board’s denial of the claim, his attorneys argued that the Board should have considered whether he was entitled to service connection for a back disorder due to his continuity of symptomatology because of his reports of back pain since service. The Court agreed that the veteran is entitled to prove his entitlement to service connection for his back disability on this basis, and further agreed with the veteran’s attorneys that the examination which VA provided was inadequate because the examiner’s statement that the veteran’s condition is a common diagnosis for people in his age group was not a sufficient basis for his opinion. The Court remanded the case back to the Board with instructions for it to provide a new examination.