BVA Case 03-0221: Ptsd

Ellison's request for revision on the basis that the 1971 Board failed to consider the possible application of a total disability rating based on individual unemployability (TDIU), an extraschedular rating, secondary service connection, special monthly compensation, and aid and attendance and housebound benefits; and vacate the October 2002 decision to the extent that the Board denied Mr.

Ellison's request for revision on the basis that the 1971 Board failed to consider entitlement to a 10% disability rating pursuant to 38 C.

The Board determined that [t]he evidence shows that the nervous disorder noted in service was manifested by symptoms of personality trait disturbances which are not diseases or injuries under the provisions of applicable legislation.

rrect facts before it because the only examiner who performed a postservice psychiatric examination did not consider a diagnosis of PTSD; and (3) that the statutory and regulatory provisions extant at the time were incorrectly applied because the medical examiner did not provide adequate reasons and bases for his conclusion that Mr.

Furthermore, the Board determined that the failure of VA to obtain this evidence in 1971, as well as the Board's reliance on the VA examination, both arguments that VA failed its duty to assist, was not a basis for CUE.

On September 18, 2000, the Board denied the request for revision, determining that Mr.

Finally, in the event that the Board failed to award the benefit sought, Mr.

Ellison's argument that he should have been diagnosed with PTSD at the time of his VA examination in 1970 amounts to an argument that he was afforded a faulty medical examination, and that such an alleged breach of the duty to assist could not be grounds for revision on the basis of CUE.