CAVC Case 04-1646: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2004-06-21 · HAGEL , 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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Outcome
Vacated / Remanded
Decision Date
2004-06-21
Judge
HAGEL , Judge
Service Era
Not specified

Conditions Claimed

PTSDPsychiatricHeart

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Issues on Appeal

Service ConnectionPTSD

Why It Was Decided This Way

The appellant appeals through counsel a June 21, 2004, Board of Veterans' Appeals (Board) decision wherein the Board denied service connection for post- traumatic stress disorder on the ground that the in-service stressors the appellant.

The Board found, however, that there was no probative supporting evidence that a claimed stressor actually occurred.

The Board noted, but did not discuss, the written statements from fellow service members concerning the claimed stressors.

The appellant argues that the Board decision should be reversed as clearly erroneous because the Board disregarded extensive evidence in the record that he served in combat and, in the alternative, extensive credible evidence that supports his claimed in-service stressors.

Minimally, he argues that the Board should have found the evidence in equipoise and given him the benefit of the doubt, so the Court should reverse the Board's decision.

In the alternative, he argues that, at a minimum, the Board decision should be vacated and the matter remanded because the Board failed to provide an adequate statement of reasons or bases in that it failed to discuss how the evidence in the record fails to corroborate that the appellant.

The appellant's unit from the Marine Corps Historical Center, History and Museums Division, and because the Board's statement of reasons or basis is inadequate in that it failed to consider evidence that supports the appellant.

dence that a claimed in-service stressor actually occurred, and (3) medical evidence establishing a nexus between the claimed in-service stressor and the current symptomatology of the post-traumatic stress disorder.

Authorities Cited

Allday v. BrownArms v. WestCohen v. BrownDizaglio v. BrownDoran v. BrownGaines v. WestHersey v. DerwinskiIn Pentecost v. PrincipiMoran v. PrincipiMoreau v. BrownPentecost v. PrincipiSchafrath v. DerwinskiSee Caluza v. BrownSee Frankel v. DerwinskiSee Moran v. PrincipiSee Tucker v. WestSizemore v. PrincipiSuozzi v. BrownWest v. BrownZarycki v. Brown

Denial Type

Credibility|No Nexus

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