Board of Veterans Appeals Grants Back Claim Without Treatment in Service

Veterans Help Group recently won a case at the Board of Veterans Appeals (BVA) with the BVA reluctantly granting service connection for a low back condition the veteran contended occurred when he stepped in a hole while on ACDUTRA in 1984. The veteran’s injury required two back surgeries. The Service Medical Records only referenced a leg injury in the incident, but the case was won with statements from fellow trainees who verified he complained of back pain after the fall, a favorable VA C&P examination, an excellent nexus opinion from the veteran’s treating doctor, and, unbelievably, the favorable opinion of the BVA’s orthopedic expert. The claim necessitated a trip to the Court of Appeals for Veterans Claims (Court) in Washington, D.C., with the Court telling the BVA that they have to correctly analyze the evidence. Our firm has been representing this veteran for over 6 years.

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