BVA Case 11-3583: Ptsd

Real Board of Veterans' Appeals decision · February 28,2013 · SCHOELEN, Judge

Outcome
Vacated / Remanded
Decision Date
February 28,2013
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

PtsdBackKneeEyeArthritis

Issues on Appeal

Service ConnectionKnee ConditionPtsd

Why It Was Decided This Way

Because the Board relied on an inadequate VA medical examination and failed to provide an adequate statement of reasons or bases for its credibility determination,the Court will vacate the October 19,2011,Board decision, and remand the matter for further proceedings consistent with this decision.

On October 19,2011,the Board denied entitlement to disability compensation for a right knee disability.

The examiner diagnosed DJD of the right knee with limitation of function as a result of pain,but opined that it was less likely as not related to service because there was no chronicity evidenced since leaving service in 1971 until 2004.

In June 2009,the Board found that the April 2008 examiner's opinion had limited probative value because the opinion was based on an inaccurate premise �that the appellant had not complained of right knee problems at his separation examination and that there was no evidence of chronicity.

service,there is no link or nexus between his injury in the service [and]his current disability.

In March 2011,the Board found the September 2009 examination inadequate because the examiner failed to discuss the [v]eteran's competent assertions that he has suffered from right knee symptoms since his discharge,despite the lack of medical evidence.

However,the Board found that the March 2011 opinion was adequate,stating that the examiner's opinion was factually accurate,fully articulated, and soundly reasoned.

The Board rejected the appellant's argument that the examiner failed to address his assertions of continuity of symptomatology,stating that the examiner weighted their applicability while basing her opinion on clinical knowledge,judgement[,]and experience relevant to the typical course of disease processes.

Authorities Cited

Allday v. BrownArdison v. BrownAries v. PeakeBarr v. NicholsonBuchanan v. NicholsonCaluza v. BrownDalton v. NicholsonFletcher v. DerwinskiGilbert v. DerwinskiGreen v. DerwinskiHood v. ShinsekiJandreau v. NicholsonKutscherousky v. WestRodriguez v. PeakeSavage v. GoberSee Best v. PrincipiSee Bowling v. PrincipiSee Davidson v. ShinsekiSee Frankel v. DerwinskiSee Kay v. PrincipiSee Stegall v. WestSee Washington v. NicholsonStefl v. NicholsonThompson v. Gober

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

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