BVA Case 06-488: Ptsd

HAGEL, Judge : Andrew Estrada-Medina appeals through counsel a December 30, 2005, Board of Veterans' Appeals (Board) decision in which the Board denied service connection for post- traumatic stress disorder, disability ratings in excess of 20% for peripheral neuropathy for both lower extremities, and a total disability rating based on individual unemployability.

Estrada-Medina in verifying his alleged stressors and because the Board's decision denying service connection for post- traumatic stress disorder provided an inadequate statement of its reasons or bases; because the Board failed to consider all applicable statutes and regulations concerning peripheral neuropathy of the lower extremities; and because the issue of a total disability rating based on individual unemployability is inextricably intertwined with that issue, the Court will vacate the December 30, 2005, Board decision and remand all of these matters.

In particular, in January 2004 the Board found that Mr.

Estrada-Medina had submitted new and material evidence to reopen his claim and remanded for him to provide additional information concerning his alleged stressors and for a VA psychiatric evaluation to determine whether he had a current diagnosis of post-traumatic stress disorder.

In July 2005 and the December 2005 Board decision, VA denied total disability based on individual unemployability, finding in July 2005 that his inability to work was caused by disabilities that were not service connected and in December 2005 that his combined service-connected disability rating did not meet the statutory requirements.

Finally, because his combined disability rating was 60%, the Board found that he did not meet the statutory requirements for a rating of total disability based on individual unemployability.

He also argues that VA failed in its duty to assist him in corroborating the stressors he alleged, in that VA did not seek additional information concerning individuals and units he identified as present during mortar attacks and other traumatic experiences during his Vietnam experience.

Estrada-Medina argues that VA provided an inadequate medical examination, in that the examiner did not consider functional loss of motion due to pain or other factors as required by DeLuca v.