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Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 6)

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 October 9, 2001, Dr. Peter Gorman of the Dept. Of Veterans Affairs, Maryland Health Care System, wrote that after reviewing the veteran's medical records dated March 28, 1980 and May 6, 1980, in which the veteran complained of numbness of the toes of the right foot, that based on those two brief encounters during the veteran's basic training period, it was certainly possible that the symptoms of the 1980's and the symptoms of the late 1990's were related.

He explained that he first saw the veteran in October 1997 in the Spinal Cord Injury Clinic and had diagnosed him with right-sided L4 and/or L5 radiculopathy with symptoms of several years of low back pain radiating down the legs right worse than left with some weakness in the right toe.

On February 7, 2002, the RO issued a statement confirming their previous decision which denied the veteran's claim for stomach condition. (R. 848). It was explained that at the BVA the veteran withdrew all issues except increased evaluation metatarsalgia right foot and service connection for low back. (The claims had been denied and the veteran appealed to the Court of Appeals for Veterans Claims ("CAVC"). At the CAVC, the parties moved to remand the claims, withdrawing his appeal with respect to direct service connection for low back disability. However the CAVC noted that, as to the issue of entitlement for low back disability on a secondary basis, the CAVC lacked jurisdiction over that claim and referred it back to the RO for appropriate action, also remanding the issue of entitlement to a rating in excess of 10% for service connection metatarsalgia of right foot). (R. 849). The RO stated that no new and material evidence had been presented to reopen the claim for stomach condition (R. 864). A Supplemental Statement of the Case, explained the two issues as metatarsalgia, right foot currently evaluated as 10 percent disabling, and service connection for low back condition as secondary to the service-connected disability of metatarsalgia, right foot. (R. 802).

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