BVA Case 08-3997: Ptsd

Real Board of Veterans' Appeals decision · January 13,2011 · DAVIS , Judge

Outcome
Unknown
Decision Date
January 13,2011
Judge
DAVIS , Judge
Service Era
Not specified

Conditions Claimed

PtsdDepressionPsychiatricBackKneeHipArthritis

Issues on Appeal

Service ConnectionReopenKnee ConditionIncreased RatingPtsd

Why It Was Decided This Way

Paxton appeals through counsel from an October 24,2008,decision of the Board of Veterans' Appeals (Board)that (1) denied entitlement to service connection for post-traumatic stress disorder (PTSD) and degenerative joint disease of the right wrist;(2)found no new and material evidence sufficient to reopen a previously denied service- connection claim for degenerative arthritis of the right knee;and (3) denied entitlement to an increased rating for residuals of a fractured left clavicle, residuals of fractured right long finger,and laceration residuals on the right leg.

Paxton first argues that the Board failed to liberally construe his claim for PTSD and consider whether he is entitled to service connection for depression.

Paxton's PTSD claim,the Board noted that he reported suffering from depression and that a VA clinical psychologist diagnosed him with depression.

For this reason,remand is required for the Board to consider in the first instance whether service connection is warranted for depression.

Paxton argues that the Board erred in denying his service-connection claim for degenerative joint disease of the right wrist.

He asserts that the Board failed to discuss favorable evidence,improperly discounted his lay statements,and provided inadequate medical examinations in February 2006 and March 1997.

The Board noted that the 1997 x-ray showed no evidence of degenerative arthritis,and that the 2004 x-ray showed radiocarpal degenerative changes which were new since the study of 1997.

Paxton's lay statements and found that his statements lacked credibility.

Authorities Cited

Ardison v. BrownFrancisco v. BrownSee Clemons v. ShinsekiSee Cromer v. NicholsonSee Kay v. PrincipiSee Marsh v. WestSee Nolen v. GoberSee Woehlaert v. NicholsonShade v. ShinsekiShedden v. PrincipiSoyini v. PrincipiStefl v. Nicholson

Denial Type

Credibility|No Nexus|Not New Material|Duty To Assist|Inadequate Exam

Find Similar Precedent for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →