In a recent win before the Court of Appeals for Veterans Claims, we successfully secured a remand for our client, a veteran seeking service connection for a low back disability. The Board of Veterans’ Appeals had improperly denied the claim by relying on a flawed VA medical examination. This examination failed to consider our client’s obesity as a potential “intermediate step” linking his service-connected conditions and low back disability.
Our argument focused on the duty of the VA to provide an adequate medical examination. Citing Barr v. Nicholson and Acevedo v. Shinseki, we argued that the examination must offer sound medical reasoning based on accurate facts. The 2019 VA examination, however, attributed the veteran’s back issues to obesity without considering whether his service-connected conditions contributed to that obesity, thus failing the standard of a reasoned opinion.
VA’s attorneys agreed that the Board erred when it failed to consider this, referencing a 2017 VA General Counsel opinion that highlights obesity as an “intermediate step” in some service-connection cases. This opinion stated that if a service-connected condition, like our client’s Achilles tendon injury, limits exercise and causes obesity, that obesity may contribute to other health issues, including back disabilities.
The Board also overlooked key evidence of our client’s altered gait, which his private physician linked to further back problems. The court remanded the case, directing the Board to reassess the claim, factoring in obesity and gait-related issues.
This decision emphasizes the VA’s responsibility to thoroughly assess veterans’ disabilities and provide adequate support in their claims. We are honored to fight for veterans’ rights and ensure their sacrifices are acknowledged.
