VA must provide exam under McLendon v Nicholson
Question asked:
“Under McLendon v. Nicholson, the VA must provide an examination or medical opinion when the record contains evidence of a current disability or persistent/recurrent symptoms, evidence establishing that an in-service event, injury, or disease occurred, an indication that the claimed disability may be associated with service, and insufficient competent medical evidence to decide the claim.”
Summary
Under McLendon v. Nicholson, the VA is required to provide a medical examination or opinion when the record shows evidence of a current disability or ongoing symptoms, evidence that an in‑service event, injury, or disease occurred, an indication that the claimed disability may be linked to service, and a lack of sufficient competent medical evidence to decide the claim. This four‑part test is consistently described in the cited VA decisions and legal analyses.
Sources 57 searched
- Citation Nr: 0811849 Decision Date: 04/10/08 Archive Date: 04/23/08
In addition, service medical records ... Therefore, the Board finds that the first three elements enunciated in McLendon are met. Therefore, a medical examination is required....
- Va
VA is obligated to provide a medical examination when the record contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability; the record indicates that the disability or signs and symptoms of disability may be associated with active service; ...
- Citation Nr: 0817225 Decision Date: 05/26/08 Archive Date: 06/04/08
In McLendon v. Nicholson, 20 Vet. App. 79 (2006), the United States Court of Appeals for Veterans Claims (Court) addressed the four elements that must be considered in determining whether a VA medical examination must be provided as required by 38 U.S.C.A.
- Federal Jurisprudence Regarding VA’s Duty to Provide
The most intensive case law analysis of the VCAA medical · examination provisions to date comes in McLendon v. Nicholson.61 In · McLendon, the Court reviewed a Board decision that had denied service · connection for low back disability and had found that a VA examination ·
- 1 The Presumption of Competence of VA Medical Examiners: Where Does it Come
Given the VCAA’s requirement to provide an examination when necessary and the low threshold for · establishing such necessity under McLendon, the number of medical opinions sought by VA in the
- UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-2879
ANALYSIS · A. The Parties' Arguments · The appellant argues that the Board erred in determining that the Secretary's duty to assist · did not require VA to afford him a medical examination to address whether there is a nexus · 1 The four-part test set forth in McLendon requires the following:
- e UNITED STATES COURT OF APPEALS FOR VETERANS ...
Chief Judge Michael P. Allen Clerk of the Court Tiffany M. Wagner · The United States Court of Appeals for Veterans Claims is a national court of record, established under Article I of the Constitution of the United States. The Court has exclusive jurisdiction to provide judicial review of ...
- IN THE UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
low threshold for triggering the duty to obtain a VA examination, as discussed above, so ... facts in this case do not “indicate” that Appellant’s current disability “may be associated” · with military service. Accordingly, reversal of the Board’s finding that the duty to assist · was satisfied is the better remedy, and on remand the Board should be instructed to provide · a reasoned medical opinion based on the entire evidence of record. See McLendon v. Nicholson, 20 Vet.
- NATIONAL ORGANIZATION OF VETERANS’ ADVOCATES, INC. Statement for the Record
The CAVC has repeatedly emphasized VA’s role in obtaining examinations and ensuring · those examinations are adequate. See, e.g., McLendon v. Nicholson, 20 Vet.App.
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