BVA Case 13-0504: Ptsd

Real Board of Veterans' Appeals decision · March 7,2013 · BARTLEY, Judge

Outcome
Vacated / Remanded
Decision Date
March 7,2013
Judge
BARTLEY, Judge
Service Era
Not specified

Conditions Claimed

PtsdDepressionAnxietyPsychiatricBackEyeArthritis

Issues on Appeal

Service ConnectionPtsd

Why It Was Decided This Way

In November 1987,the Army Discharge Review Board denied her application but modified the reason for her discharge to Misconduct -Abuse of Illegal Drugs.

In September 2010,the Board denied the veteran's claim for service connection for PTSD.

She appealed that decision to the Court and the parties subsequently entered into a joint motion for remand (JMR)specifying that the Board did not make an appropriate credibility finding as it pertains to lay statements provided by Appellant regarding her claimed stressor that she was assaulted in service and that the Board has not adequately addressed .

The Board found the veteran's reports of being assaulted in service to be completely and totally lacking in credibility, not probative, and possessing no evidentiary value for any purpose.

Specifically,the Board noted inconsistencies in the veteran's recollections of the incident,including variations in material facts, such as who she was with before the attacks,whether she in fact reported it,and whether she told a friend.

The Board explained that the veteran's credibility was also impugned by the lack of corroborating evidence of a diagnosis of syphilis following the assault,despite [e]xtensive records,including blood tests and gynecological examinations, which it described as affirmative evidence contradicting the Veteran's account of events.

The Board also explained that the four- year gap between the assault and the veteran's behavior changes further diminished her credibility.

The Board concluded its credibility analysis by making it clear that it did not believe the Veteran with regard to any aspect of her allegations of her attack and accusing the veteran of engaging in a pattern of addiction and deceit since being discharged from service.

Authorities Cited

Caluza v. BrownCohen v. BrownColvin v. DerwinskiGilbert v. DerwinskiHersey v. DerwinskiKutscherousky v. WestLendon v. NicholsonMenegassi v. ShinsekiPatton v. WestPentecost v. PrincipiRobinson v. ShinsekiSee Buchanan v. NicholsonSee Cohen v. BrownSee Fletcher v. DerwinskiSee Frankel v. DerwinskiSee Kahana v. ShinsekiSee Kay v. PrincipiSee Robinson v. PeakeSee Sizemore v. PrincipiSee Tucker v. WestSee Washington v. Nicholson

Denial Type

Credibility|No Nexus|Preponderance Against

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