BVA Case 12-1022: Ptsd

Real Board of Veterans' Appeals decision · November 1,2013 · SCHOELEN, Judge

Outcome
Affirmed / Remanded / Vacated
Decision Date
November 1,2013
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

PtsdDepressionPsychiatricBackHipArthritis

Issues on Appeal

Back ConditionEffective DatePtsd

Why It Was Decided This Way

SCHOELEN, Judge :The appellant, Standifer Himes ,through counsel,appeals a November 23,2011,Board of Veterans'Appeals (Board)decision in which the Board denied his claims for disability compensation for an acquired psychiatric disorder other than post-traumatic stress disorder (PTSD),a low back disorder,and PTSD,as well as a disability rating in excess of 10%for a right foot disability.

In the November 23,2011,decision here on appeal,the Board found that a compensable evaluation for the appellant's right foot disability was not warranted prior to March 6,2006,but that he met the criteria for a 10%disability,and no higher,after March 6,2006.

The Board denied the appellant's claims for an acquired psychiatric disorder,other than PTSD,a low back disorder,and PTSD.

In the decision on appeal, the Board determined that the appellant was entitled to a 10% rating,but no more,effective March 6,2006, but not earlier.

The Board noted that the evidence of record prior to March 6,2006,did not contain x-ray evidence of arthritis.

Although the Board observed that the appellant had complained of foot pain since 2002,the Board found the appellant's right foot symptomatology approximated the schedular criteria for an evaluation of ten percent for the right midfoot arthritis as of March 6,2006.

To comply with this requirement,the Board must analyze the credibility and probative value of the evidence,account for the evidence that it finds to be persuasive or unpersuasive,and provide the reasons for its rejection of any material evidence favorable to the claimant.

The appellant argues that the Board failed to provide adequate reasons or bases in support of its decision to assign a 10%rating,and no higher,and to assign March 6,2006,as the appropriate effective date.

Authorities Cited

Acevedo v. ShinsekiAllday v. BrownArdison v. BrownAries v. PeakeBuczynski v. ShinsekiFletcher v. DerwinskiGabrielson v. BrownGilbert v. DerwinskiGreen v. DerwinskiHood v. BrownKutscherousky v. WestOwens v. BrownRodriguez v. PeakeSee Barr v. NicholsonSee Best v. PrincipiSee Caluza v. BrownSee Frankel v. DerwinskiSee Jandreau v. NicholsonSee Kay v. PrincipiSee Stefl v. NicholsonShinseki v. Sanders

Denial Type

Credibility|Duty To Assist

Find Similar Precedent for Your Claim

VetAid's analyzer maps your claim against thousands of real Board of Veterans' Appeals decisions like this one — surfacing the exact case law that supports your arguments.

Run my claim through VetAid →