BVA Case 11-0200: Psychiatric

Real Board of Veterans' Appeals decision · May 17,2012 · SCHOELEN, Judge

Outcome
Affirmed / Remanded
Decision Date
May 17,2012
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

PsychiatricBackSleep_ApneaHipAnkleSkinHeartRespiratoryGiTdiu

Issues on Appeal

Back ConditionService ConnectionEffective DateReopenTdiuIncreased RatingSleep Apnea

Why It Was Decided This Way

First,she asserts that the Board erred in failing to award her a disability rating in excess of 10%for her hemorrhoid and lumbar spine claims.

Second,the appellant asserts that the Board erred in denying her a compensable disability rating for her allergy,seborrheic dermatitis,status-post fracture of the left fifth proximal phalanx,and right hand laceration claims, and a 10%disability rating after August 2007 for her left proximal phalanx disorder.

In support of these argument,the appellant contends that the Board failed to consider both secondary conditions aggravated by her service-connected disorders and functional limitations caused by her service-connected disorders.

Third,the appellant asserts that the Board erred in not granting her entitlement to service connection for a head injury, irritable bowel syndrome,gastritis,otitis externa,irregular heartbeat,low blood pressure,myopia, a foot injury,a gynecological disorder claimed as female cramps,persistent yeast infection, vaginosis,and menstrual disorder,arthritis,dysuria,sleep apnea/insomnia, asthma,sinusitis,residuals of a skin injury,and a right leg/ankle disorder.

Fourth,the appellant argues that the Board erred in assigning August 6,2003,as the effective date for disability benefits arising from her service-connected disorders.

Finally,she argues that the Board erred in denying her entitlement to an extraschedular disability rating.

The appellant asserts that the Board failed to analyze the credibility and probative value of evidence she submitted,failed to address all of her in-service medical evidence,did not support its findings with an adequate statement of reasons or bases,and did not appropriately apply the benefit of the doubt doctrine.

The appellant next asserts that the Board failed to consider evidence such as painful motion,itching,eye 2 pain,foot and leg pain,[and]irritable bowel syndrome.

Authorities Cited

Allday v. BrownBrannon v. WestBrokowski v. ShinsekiCarlo v. NicholsonCoker v. PeakeCostanza v. WestCriswell v. NicholsonDingess v. NicholsonEllington v. NicholsonFletcher v. DerwinskiFloyd v. BrownGilbert v. DerwinskiGodfrey v. BrownGreen v. DerwinskiHilkert v. WestJarrell v. NicholsonKutscherousky v. WestLedford v. WestLendon v. NicholsonLocklear v. NicholsonLuca v. BrownMaggitt v. WestMarciniak v. BrownOrtiz v. PrincipiPhee v. NicholsonRodriguez v. WestSchoolman v. WestSee Breeden v. PrincipiSee Caluza v. BrownSee Coker v. Nicholson

Denial Type

Credibility

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