CAVC Case 03-1204: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · July 20, 2006 · GREENE, Chief Judge

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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10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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Outcome
Vacated / Remanded
Decision Date
July 20, 2006
Judge
GREENE, Chief Judge
Service Era
Not specified

Conditions Claimed

PTSDDepressionAnxietyPsychiatricBackCervicalHeadacheEyeRadiculopathy

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Issues on Appeal

PTSDDepressionAnxietyPsychiatricBackCervicalHeadacheEye

Why It Was Decided This Way

Bradford's appeal from a May 9, 2003, Board of Veterans' Appeals (Board) decision in which the Board denied his claim for service connection for an acquired psychiatric disorder to include post-traumatic stress disorder.

Bradford asserts that the Board erred by failing to address § 3.

§ 5103(a), and that the Board failed to adjudicate his reasonably raised claims for service connection for residuals of a neck injury, headaches, and depression and anxiety secondary to the neck-injury residuals.

Bradford filed a Substantive Appeal and stated that VA had not provided him with an "adequate examination that was sufficient for rating purposes.

In a February 2003 Statement of the Case, VA stated that there was no medical evidence of record of a psychotic disorder developed to a compensable degree of 10% or more within a year after service and that his diagnosis of depression in November 2002 was not related to a stressor incident that occurred during service.

The Board concluded that there was no medical evidence establishing that "the acquired psychiatric disorders are etiologically related to service" and that service connection was not warranted.

304(f)(3) or any other provisions regarding personal assault claims, and it did not address Mr.

304(f)(3), because it failed to submit his evidence to a medical professional for an opinion as to whether the assault occurred; (4) the Board failed to adjudicate his reasonably raised claims for service connection for residuals of a neck injury, including headaches, and depression and anxiety secondary to the neck injury residuals; and (5) VA failed to fulfill its notice obligations under 38 U.

Authorities Cited

Gilbert v. DerwinskiIn Patton v. WestJones v. PrincipiKutscherousky v. WestMayfield v. NicholsonPatton v. WestSee Best v. PrincipiSmith v. Gober

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.30438 CFR 3.304(f)38 CFR 3.304(f)(3)38 CFR 3.304(f)(3) (2005)38 USC 5103(a)38 USC 710438 USC 7252(a)38 USC 7261(a)(1)38 USC 7261(a)(4)38 USC 7261(b)(2)

Denial Type

Inadequate Exam

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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.