BVA Case 10-0826: Ptsd
Real Board of Veterans' Appeals decision · August 31,2011 · HAGEL, Judge
Conditions Claimed
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
Denial Type
Credibility|No Nexus|Duty To Assist
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 →