BVA Case 11-2903: Ptsd

However,the Board found that the Veteran's account of sustaining a back injury while diving into an artillery pit to be credible.

Based on the medical history,physical exam and medical literature,it is of this examiner's opinion that the Veteran's chronic back disorder is not related to his military service but due to the natural progression of his condition,body habitus and occupation.

In the September 2,2011, decision currently on appeal,the Board denied the appellant's claims for service connection for a chronic back disorder and for hypertension claimed as the result of Agent Orange exposure.

The Board noted that the issue of entitlement to service connection for sleep apnea, to include as secondary to hypertension and post-traumatic stress disorder (PTSD),had been raised by the appellant but not developed.

The Board found the May 2009 VA examination highly probative on the issue,noting that it addresses the etiology of the Veteran's current back condition and included review of pertinent service and post service treatment records,current examination of the Veteran, and a history presented by the Veteran.

Regarding the claim for entitlement to service connection for hypertension,the Board noted that hypertension is not one of the conditions subject to presumptive service connection based upon exposure to herbicides,but that service connection may be granted on a presumptive basis for certain chronic diseases,including hypertension, if such diseases are shown to be manifest to a degree of 10[%]or more within one year following the Veteran's separation from active military service.

In that regard,the Board found that the appellant currently suffered from hypertension,but ultimately concluded that there was no evidence of in-service or presumptive chronic incurrence of the disease,nor was there any competent medical evidence linking the condition to herbicide exposure.

The Secretary urges the Court to affirm the Board's decision, arguing that it is not clearly erroneous.