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Washington v. Nicholson

19 Vet. App. 362 (2005)

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Washington v. Nicholson

United States Court of Appeals for Veterans Claims
19 Vet. App. 362 (2005)

CS

Facts

James Washington (plaintiff) served on active duty in the United States Army from 1966 to 1986. During the adjudication of a disability claim for a back condition, the vast majority of Washington’s service medical records were sent to, and subsequently lost by, a Department of Veterans Affairs (the VA) (defendant) regional office. A few years later, Washington submitted a claim for another service-connected disability related to a hip disorder that alleged began during his service in Korea. Despite extensive searches, the VA was unable to find any of Washington’s service medical records that had been previously lost. The VA did not seek alternative sources of evidence from different types of military records or inform Washington of other types of evidence that he might be entitled to submit, and it eventually denied his hip-disorder claim for lack of evidence supporting a service connection. Washington appealed to the Board of Veterans’ Appeals (the board). The board upheld the denial, finding that the evidence was insufficient to support his claim and that the VA had complied with its duty to assist Washington because further efforts to recover his missing medical records would be futile. Washington appealed.

Rule of Law

Issue

Holding and Reasoning (Moorman, J.)

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