CAVC Case 00-2083: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · May 24, 2002 · FARLEY

This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.

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60%$1,435.02
70%$1,808.45
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100%$3,938.58
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Outcome
Denied / Reversed / Remanded
Decision Date
May 24, 2002
Judge
FARLEY
Service Era
Not specified

Conditions Claimed

PTSDAnxietyBack

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Issues on Appeal

PTSDAnxietyBack

Why It Was Decided This Way

In January 1998, the RO declined to reopen the veteran's claim because new and material evidence had not been submitted.

On several subsequent occasions the RO declined to reopen his PTSD claim also on the basis that 3 no new and material evidence had been submitted.

On July 26, 2000, the Board denied service connection for PTSD.

The Board found that the stressors that the veteran claimed to have been exposed to in Vietnam had not been verified.

ANALYSIS Service connection for PTSD requires the presence of three elements: (1) A current diagnosis of PTSD; (2) credible supporting evidence that the claimed in-service stressor actually occurred; and (3) medical evidence of a causal nexus between the current symptomatology and the claimed in-service stressor.

The Board found that "VA examination reports and clinical treatment records contain current diagnoses of PTSD.

Such evidence, at least by implication, suggests a nexus between the veteran's current disability from PTSD and the claimed in-service 4 stressors.

[C]redible supporting evidence of the actual occurrence of an in-service stressor cannot consist solely of after-the-fact medical nexus evidence.

Authorities Cited

Best v. PrincipiCohen v. BrownDizoglio v. BrownDoran v. BrownGilbert v. DerwinskiHersey v. DerwinskiHicks v. BrownHolliday v. PrincipiMahl v. PrincipiMoreau v. BrownSee Bucklinger v. BrownSuozzi v. Brown

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.304(f)38 CFR 3.304(f) (2001)38 USC 7252(a)38 USC 7261(a)(4)

Denial Type

No Nexus|Not New Material

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Sponsored
Missing the medical evidence for your VA claim? REE Medical connects veterans with independent licensed providers for nexus letters and DBQs — $50 off through this link.

Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.