Victory for Veteran’s Back Disability Claim: Court Orders New VA Medical Opinion
In a recent case at the Court of Appeals for Veterans Claims, we successfully secured a remand for our client, a veteran seeking service connection for a chronic low back disability stemming from an in-service motor vehicle accident. The court found that the Board of Veterans’ Appeals relied on an inadequate medical opinion and therefore ordered a new opinion.
The Board denied service connection for the veteran’s back condition, relying on a flawed 2020 VA opinion that concluded his back disability was unrelated to service. However, the VA examiner’s rationale only addressed the lack of chronic symptoms in service, ignoring the veteran’s documented in-service back injuries and later back pain. As established in Stefl v. Nicholson and Nieves-Rodriguez v. Peake, a medical opinion must fully consider all relevant facts and provide reasoned explanations to support its conclusions.
The court agreed that the Board erred by accepting a cursory opinion without thorough analysis, frustrating the review process. This remand requires a new medical opinion that carefully examines the direct connection between the veteran’s back condition and his in-service injuries, offering a complete and medically sound rationale.
This victory underscores the VA’s duty to provide veterans with comprehensive, fact-based medical assessments. We remain dedicated to holding the VA accountable in ensuring that veterans receive the thorough, fair evaluations they deserve for their service-connected conditions.
