BVA Case 10-0826: Ptsd

Real Board of Veterans' Appeals decision · August 31,2011 · HAGEL, Judge

Outcome
Vacated / Remanded / Affirmed
Decision Date
August 31,2011
Judge
HAGEL, Judge
Service Era
Not specified

Conditions Claimed

PtsdBackHeartRespiratoryEye

Issues on Appeal

Service ConnectionPtsd

Why It Was Decided This Way

clearly erred in concluding that VA satisfied its duty to assist Mr.

Despite this apparent gap in the records obtained,the Board determined that Mr.

Jackson's claims for a sleep disorder and a restless sleep condition,the Board concluded that,although there was evidence that Mr.

Accordingly,the Board denied these claims for lack of evidence of a current condition.

Jackson's claim for a respiratory disorder,the Board found that the evidence is at least in equipoise that [he]has a current respiratory condition and therefore conceded the issue,and also found that,because Mr.

Jackson's respiratory disorder could not be service connected on a direct basis because there is no evidence of a nexus between his service and his current disorder and because [t]here is no evidence that [he]had a respiratory disorder during service; his service treatment records are silent as to any complaints or treatment of breathing difficulties.

Jackson contends that the Board failed to ensure that VA satisfied its duty to assist.

Jackson with a medical examination and that all available service treatment records were obtained,meaning the Board did not err in determining that VA satisfied its duty to assist.

Authorities Cited

Brady v. BrownClemons v. ShinsekiColvin v. DerwinskiFletcher v. DerwinskiHersey v. DerwinskiHodge v. WestHoward v. GobeKutscherousky v. WestLendon v. NicholsonRogozinski v. DerwinskiSee Boggs v. PeakeSee Grivois v. BrownSee Hilkert v. WestSee Kay v. PrincipiSee Martin v. Occupational Safety Health Review CommSee Nolen v. GoberSee Russo v. Brown

Denial Type

Credibility|No Nexus|Duty To Assist

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