CAVC Case 08-1627: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2008-05-08 · 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
Affirmed / Vacated
Decision Date
2008-05-08
Judge
HAGEL, Judge
Service Era
Not specified

Conditions Claimed

PTSDBackCervicalRespiratory

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Issues on Appeal

Back ConditionService ConnectionEffective DatePTSD

Why It Was Decided This Way

The appellant's rhinitis and chronic sinusitis were allergic in nature and were not related to the blood transfusion he received during service.

The appellant VA benefits for an upper respiratory disorder,finding that there was no record of any treatment for an upper respiratory disorder during service and that the January 1998 VA examination report did not show a nexus between the claimed upper respiratory disorder and a blood transfusion during service.

The appellant's low back disorder was less likely than not related to his military service.

In the decision currently on appeal,the Board found that the appellant.

The appellant's low back disorder and upper respiratory disorder were not related to his active service and that the legal criteria for an effective date prior to August 7,1995, for his award of VA benefits for burn residuals had not been met.

The appellant's claims for VA benefits for a low back disorder and an upper respiratory disorder, the Board found that there was a lack of credible evidence supporting any continuous symptoms,that the VA medical examination reports did not show a nexus between the claimed conditions and service,and that the preponderance of the evidence was,therefore,against the claims.

The appellant argues that the Board did not properly account for the lay evidence of record and that he should be given the benefit of the doubt.

The appellant's other arguments, the Secretary asserts that (1)the Board did consider the lay evidence of record; (2)the Board specifically considered whether the benefit of the doubt doctrine was for application, but found that the evidence was not in equipoise;(3) the appellant.

Authorities Cited

Breeden v. PrincipiBuchanan v. NicholsonButler v. PrincipiCromer v. NicholsonCuevas v. PrincipiDalton v. NicholsonDavidson v. ShinsekiDaye v. NicholsonDixon v. DerwinskiFerguson v. PrincipiHare v. DerwinskiHersey v. DerwinskiJohnson v. BrownLeonard v. NicholsonMorris v. WestNolen v. GoberRoberson v. PrincipiRusso v. BrownSee Ardison v. BrownSee Caluza v. BrownSee Frankel v. DerwinskiSee Gilbert v. DerwinskiSee Gutierrez v. PrincipiSee Hanson v. BrownSee Layno v. BrownSee Liteky v. United StatesSee Miley v. PrincipiSee Stefl v. NicholsonSee White v. DerwinskiShedden v. Principi

Denial Type

Credibility|No Nexus|Preponderance Against|Duty To Assist

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