BVA Case 12-0798: Ptsd

Real Board of Veterans' Appeals decision · October 21,2013 · MOORMAN, Judge

Outcome
Remanded
Decision Date
October 21,2013
Judge
MOORMAN, Judge
Service Era
September 1975 to November 1978

Conditions Claimed

PtsdDepressionAnxietyPsychiatricBackCervicalKneeHearing_LossTinnitusShoulder

Issues on Appeal

Service ConnectionReopenIncreased RatingHearing LossPtsd

Why It Was Decided This Way

The Court notes that the Board referred to the regional office (RO)the issues of (1)entitlement to service connection for tinnitus,to include secondary to a right auricular deformity;and (2)whether new and material evidence has been received to reopen the claim for entitlement to service connection for right ear hearing loss.

In August 2004,the Board denied the appellant's claims of entitlement to service connection for right ear hearing loss and granted an increased,initial rating of 10%for his ear injury and scars.

In August 2005,the Board denied the appellant's claims of entitlement to service connection for a mouth disorder and a left shoulder disorder.

In September 2006, the Board denied the appellant's motion for reconsideration,R.

In a March 2007 rating decision,the RO continued the appellant's 10%rating for his right auricle condition, denied service connection for PTSD, and found that new and material evidence had not been submitted to reopen his previously denied claims of entitlement to service connection for residuals of a left shoulder injury and a mouth injury.

Psychiatric Condition The parties agree that the Board erred in limiting the appellant's appeal to PTSD and not for any other psychiatric disorder.

PTSD The appellant argues that VA failed to fulfill its duty to assist because it did not obtain a medical opinion to verify his alleged stressors.

To support a claim of service connection for PTSD,a veteran must present evidence of (1) a current diagnosis of PTSD;(2)credible supporting evidence that the claimed in-service stressor actually occurred;and (3)medical evidence of a causal nexus between the current symptomatology and the claimed in-service stressor.

Authorities Cited

Advocates v. SecAllday v. BrownBradford v. NicholsonBuchanan v. NicholsonCaluza v. BrownFortuck v. PrincipiFrankel v. DerwinskiGilbert v. DerwinskiMiller v. DerwinskiOwens v. BrownPatton v. WestSchafrath v. DerwinskiSee Cohen v. BrownSee Collaro v. WestShade v. ShinsekiShinseki v. SandersSmith v. WestUnder Clemons v. ShinsekiWeaver v. PrincipiWoehlaert v. Nicholson

Denial Type

Credibility|No Nexus|Not New Material|Preponderance Against|Duty To Assist

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