BVA Case 11-3001: Psychiatric

Real Board of Veterans' Appeals decision · December 27,2012 · SCHOELEN, Judge

Outcome
Affirmed
Decision Date
December 27,2012
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

PsychiatricBackCervicalHipHeadache

Issues on Appeal

Back ConditionService ConnectionReopen

Why It Was Decided This Way

In March 2001,the RO denied the appellant's request to reopen his claim because there was no medical nexus evidence.

3 In an April 2005 decision, the Board determined that remand was warranted in order to obtain the hospitalization records at the Great Lakes Naval Training Center [(NTC)]infirmary [because][t]he veteran testified that he had been hospitalized during basic training for his low back injury.

The examiner diagnosed the appellant with degenerative disc disease with spondylosis;however,he did not provide a nexus opinion so VA returned the examination as inadequate.

In its decision,the Board found that VA had satisfied its duty to assist in obtaining all the relevant evidence.

Specifically, the Board noted that it had complied with the April 2005 remand in obtaining the appellant's service medical records from Great Lakes NTC and his SSA records.

Further,the Board found that the appellant was not entitled to disability compensation for his low 4 back condition because the evidence of record demonstrates that a low back disorder is not related to active service.

In reaching this conclusion,the Board found the appellant's testimony of continuous back pain since service not credible because SSA documents stated that his disability began in 1972 and he provided two different stories about how he injured his back in service.

Therefore,the Board found that conflicts in statements by the [v]eteran indicate a lack of credibility.

Authorities Cited

Allday v. BrownBuchanan v. NicholsonCaluza v. BrownGilbert v. DerwinskiGobber v. DerwinskiHickson v. WestHyatt v. NicholsonJandreau v. NicholsonMoore v. ShinsekiSavage v. GoberSee Barr v. NicholsonSee Davidson v. ShinsekiSee Frankel v. DerwinskiSee Owens v. BrownShinseki v. SandersSmith v. DerwinskiWood v. Derwinski

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

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