BVA Case 10-2753: Ptsd

Real Board of Veterans' Appeals decision · March 27,2012 · HAGEL, Judge

Outcome
Affirmed / Vacated
Decision Date
March 27,2012
Judge
HAGEL, Judge
Service Era
Not specified

Conditions Claimed

PtsdDepressionPsychiatricBackCervicalTinnitusHipSkinEyeRadiculopathy

Issues on Appeal

Service ConnectionReopenHearing LossPtsd

Why It Was Decided This Way

Weasel were not credible and that VA's duty to assist did not require it to provide him with a medical examination,and because Mr.

June 17,2009),in which the Court vacated in part a November 2006 Board decision denying benefits for,among other conditions,an acquired psychiatric disorder after finding that the Board failed to adequately explain its determination that VA's duty to assist did not require it to provide Mr.

In the future, counsel are advised 4 service connection,the Board found that Mr.

However,the Board found that there was no evidence that such a disorder was diagnosed or treated in service or that it otherwise manifested at that time and further concluded that the most probative and credible evidence of record indicated that this disorder did not manifest until many years after Mr.

In this regard,the Board found that the only evidence that symptoms of the disorder began in service or within the one-year presumptive period following his service and continued since that time was Mr.

Further, the Board concluded that VA satisfied its duty to assist Mr.

Weasel contends that the Board failed to support three of its determinations with an adequate statement of reasons or bases.

To comply with this requirement,the Board must analyze the credibility and probative value of the evidence,account for the evidence that it finds to be persuasive or unpersuasive,and provide the reasons for its rejection of any material evidence favorable to the claimant.

Authorities Cited

Caluza v. BrownGilbert v. DerwinskiLendon v. NicholsonSee Cox v. BrownSee Hilkert v. WestSee Wood v. DerwinskiWeasel v. Shinseki

Denial Type

Credibility|Duty To Assist

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