BVA Case 07-1525: Ptsd

Real Board of Veterans' Appeals decision · February 26,2009 · LANCE, Judge

Outcome
Vacated / Remanded
Decision Date
February 26,2009
Judge
LANCE, Judge
Service Era
Not specified

Conditions Claimed

PtsdAnxietyBackHearing_LossEye

Issues on Appeal

Back ConditionService ConnectionHearing LossPtsd

Why It Was Decided This Way

In denying the claim for service connection for a back disability,the Board noted that the evidence does show that the appellant is currently receiving treatment for a back disability, which he relates to an injury he reports he sustained in a fall approximately 40 years ago.

rred a back disability during active duty or inactive service at any time, the Board finds that the preponderance of the evidence is against a finding of service connection.

As to his claim for bilateral hearing loss,the Board found that,while the appellant currently has hearing loss,and is in receipt of hearing aids from VA,there is no evidence linking that hearing loss to service.

Acknowledging his 10 days of active duty from July 24,1967,to August 2, 1967,the Board found that no competent medical evidence existed linked his current hearing loss to that period.

Regarding the remainder of the appellant's service,the Board found that, to warrant service connection for those time periods,he would have to be found to have incurred an injury in the line of duty which caused his hearing loss.

Finally,as to the appellant's claims for PTSD,a right arm disability, a left arm disability, right hand numbness,and right carpel tunnel syndrome,the Board found that no evidence of record showed that the appellant was currently diagnosed with any of those conditions.

Back Disability The appellant first argues that,procedurally,the Board failed to ensure that VA satisfied its statutory duty to assist him because his 1972 medical records during his two-week admission at Mercy Hospital were not obtained.

He further argues that,should the Court address this issue,the duty to assist did not attach to such records.

Authorities Cited

Allday v. BrownBuchanan v. NicholsonCaluza v. BrownClemons v. ShinsekiCohen v. BrownConway v. PrincipiEspiritu v. DerwinskiIngram v. NicholsonJandreau v. NicholsonKing v. NicholsonKutscherousky v. WestLendon v. NicholsonLoving v. NicholsonMaggitt v. WestMoreau v. BrownSchafrath v. DerwinskiSchroeder v. WestSee Ford v. GoberSee Frankel v. DerwinskiSee Hickson v. WestSee Kay v. PrincipiSmith v. DerwinskiSolomon v. BrownTalley v. BrownWest v. WestWhorter v. Derwinski

Denial Type

No Nexus|Preponderance Against|Duty To Assist

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