CAVC Case 12-1427: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2012-03-29 · PIETSCH, Judge

This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.

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10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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Outcome
Vacated / Remanded
Decision Date
2012-03-29
Judge
PIETSCH, Judge
Service Era
Not specified

Conditions Claimed

PTSDPsychiatricBackCervicalHeadacheArthritisRadiculopathy

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Issues on Appeal

Back ConditionService ConnectionPTSD

Why It Was Decided This Way

examination and opinion as to whether the appellant's back condition is related to service (medical nexus opinion).

In September 2008,VA provided the appellant with an examination and medical nexus opinion with respect to his back condition.

In February 2011,the Board remanded the appellant�s claim with instructions that VA obtain a further medical nexus opinion.

The Board explained that the September 2008 opinion only addressed a cervical spine disorder and did not address evidence of degenerative changes of the lumbosacral spine.

In May 2011,the appellant was provided with a further VA examination and medical nexus opinion.

The Board found that the appellant incurred a back injury in service and had a current back condition,but that the evidence did not sufficiently establish a causal nexus.

The Board relied heavily on the two negative VA nexus opinions,finding them to be the most probative evidence of record.

With respect to the appellant's lay statements regarding his back symptoms following service,the Board found them to be less credible than the negative contemporaneous records.

Authorities Cited

Allday v. BrownBreeden v. PrincipiBuchanan v. NicholsonBuczynski v. ShinsekiCaluza v. BrownFletcher v. DerwinskiFrankel v. DerwinskiGilbert v. DerwinskiHickson v. WestIn Horn v. ShinsekiKahana v. ShinsekiKutscherousky v. WestReonal v. BrownSee Best v. PrincipiSee Davidson v. ShinsekiSee Howard v. GoberSee Jones v. ShinsekiSee Kay v. PrincipiSee Walker v. Shinseki

Denial Type

Credibility|No Nexus|Inadequate Exam

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