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Coburn v. Nicholson

19 Vet. App. 427 (2006)

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Coburn v. Nicholson

United States Court of Appeals for Veterans Claims
19 Vet. App. 427 (2006)

CS

Facts

Frank Coburn (plaintiff) served in the United States Army from 1954 to 1956. In 1994, Coburn filed a claim for service-connected-disability benefits for hip and leg disabilities with the Department of Veterans Affairs (the VA) (defendant). Coburn claimed that these disabilities were connected to injuries he sustained in an accident during his service, but all of Coburn’s service medical records were missing and presumed lost in a storage-facility fire. The VA denied his claim, and Coburn appealed to the Board of Veterans’ Appeals (the board). In 2001 the board remanded the matter for further development of the evidence, including for a VA orthopedic examination to determine the current nature, severity, and etiology of his conditions. The VA examiner stated that he had reviewed all of the evidence and concluded that it was at least as likely as not that Coburn’s current disabilities were related to his claimed in-service accident. The examiner did not specifically address certain parts of the record, however, including evidence that Coburn had suffered additional related injuries after service. In 2003, the board rejected the examiner’s opinion, finding that there was no competent evidence linking any of Coburn’s current conditions to his service, and denied his claim. Coburn appealed.

Rule of Law

Issue

Holding and Reasoning (Kasold, J.)

Dissent (Lance, J.)

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