Wagner v. Principi
United States Court of Appeals for the Federal Circuit
370 F.3d 1089 (2004)

- Written by Carolyn Strutton, JD
Facts
Robert Wagner (plaintiff) was a Vietnam War veteran who served on active duty from 1964 to 1968. Wagner’s service intake records listed no preexisting medical conditions, but during service he sought treatment on multiple occasions for pain and loss of mobility in his right knee. Records from these treatments showed that Wagner told medical personnel that he had injured his knee playing football prior to his enlistment. In 1995, Wagner submitted a claim to the Department of Veterans Affairs (VA) for a knee disorder, under a theory of either service connection or in-service aggravation of the condition. The VA denied his claim, and Wagner appealed to the Board of Veterans Appeals (the board). The board denied both a service connection and an in-service aggravation, based on the evidence that Wagner had admitted injuring his knee before entering service. Wagner appealed to the United States Court of Appeals for Veterans Claims, which affirmed the board’s decision, agreeing that the presumption of soundness had been rebutted by Wagner’s own admissions during his in-service medical treatments. Wagner appealed.
Rule of Law
Issue
Holding and Reasoning (Dyk, J.)
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