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Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 3)

Disabilities: Stomach Disorder, metatarsalgia of the right foot, and Bilateral foot and leg disorder

Court of Appeals for Veterans Claims Brief: BVA Denial

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On March 11, 1991, the veteran was reassigned from Fort Pickett to St. Louis (R. 1094). On July 14, 1991, the veteran was ordered to report for Active Duty on July 14, 1991, for a period of 179 days (In Support of Operation Desert Storm/Shield) although it is unclear from the record whether the veteran reported for Active Duty (R. 1060). On September 2, 1993, the veteran was granted reenlistment (R. 1129) and on October 25, 1994 he was granted an Honorable Discharge.

Medical History

On March 28, 1980, during the undisputed period of the veteran's Active Duty, the veteran reported to the Troop Medical Clinic for complaints of numbness in the foot. The examiner stated the veteran had possible nerve damage (T972, 1151, 1163), He was seen on April 22, 1980 for an upset stomach (T973, 1152, 1164) and was again seen for complaints of numbness in the toes of his right foot on April 22, 1980 (T1006).

In September 1990 the veteran suffered back pain and neck pain and was instructed to be off active duty due to bed rest for neck/back pain (R1062, 1154, 1160, 1184). According to the Record, this incident occurred during a period of Active Duty.

On April 8, 1997 the veteran underwent a C&P evaluation and reported to the examining physician that he began having problems with his back and legs first in basic training - he also reported problems with pain in the soles of his feet which also had been present since he was in service. (T1032-1033). The examining doctor assessed metatarsalgia which appeared to have begun in service and was therefore service-connected (R1032-1033).

EMG/Nerve Conduction tests performed on May7 1, 1997 showed L/5 radiculopathy on the right (R. 952-955). The veteran stated he had had low back pain with radiation down the legs for 15 years, which started after carrying heavy loads in Basic Training (R919-920). He was assessed with lumbar strain/sciatica in June 1997 (R1018). By August 1997 his treating doctors assessed him with a herniated disc in the L5/S1 area (R. 908-909). At this time he also complained of bilateral foot pain (R906).

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