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McLendon v. Nicholson

20 Vet. App. 79 (2006)

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McLendon v. Nicholson

United States Court of Appeals for Veterans Claims
20 Vet. App. 79 (2006)

CS

Facts

William McLendon (plaintiff) served on active duty in the United States Marine Corps from 1963 to 1967. In 2001, McLendon filed a claim for a service-connected disability with the Department of Veterans Affairs (the VA) (defendant) for a lower-back condition. McLendon claimed that he had originally injured his back when he fell in a landing craft during his service. There was no evidence in McLendon’s service records that he sought treatment for this event, however. McLendon did provide private medical testimony of a back condition dated from 2001, which indicated that it was possible his current condition was linked to his in-service injury. The VA denied his claim without obtaining a VA medical examination for McLendon, and McLendon appealed to the Board of Veterans’ Appeals (the board). The board upheld the denial, finding that although the evidence showed that McLendon did have a current back condition and that he did suffer a back injury in service, the evidence did not establish a connection between the two. The board further held that a VA medical examination was not warranted because the existing evidence was sufficient to decide the claim.

Rule of Law

Issue

Holding and Reasoning (Kasold, J.)

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