Service connection for a left knee disability improperly denied by the Board

Service connection for a left knee disability improperly denied by the Board

CCK successfully appealed a Board decision that denied a Veteran entitlement to service connection for a left knee disability. In its decision the Board relied on an October 2011 examination.  The examiner opined that the Veteran’s injury was not a “continuation” of the Veteran’s in-service injury.  However, the examiner did not properly examine whether there was a causal relationship between the in-service injury and present disability. CCK argued that the examination on which the Board relied was inadequate for rating purposes.  Because it used an incorrect nexus standard in evaluating service connection, the Board should not have relied on it.

Court remands claim for service connection for a left knee disability due to inadequate exam

Agreeing with CCK, the Court found the examination to be inadequate.  The Court remanded the issue for further proceedings.

Category: Veterans Law, Case Wins

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