BVA Case 13-0808: Psychiatric

The RO denied the claims in January 2010, finding that new and material evidence had not been submitted to reopen the claims for service connection for head injury,memory loss,and headaches and denying service connection for bipolar disorder and seizures.

In a May 2011 Supplemental SOC (SSOC),the RO continued to deny service 3 connection for bipolar disorder and seizures and continued to find no new and material evidence had been submitted to reopen claims for head injury,memory loss,and headaches.

In the decision on appeal, the Board found that new and material evidence had been presented to reopen claims for service connection for head injury,memory loss, and headaches; denied service connection for those three claims on the merits;and denied service connection for seizures and an acquired psychiatric disorder to include bipolar disorder.

As to the duty to assist,the Board found that VA had made all reasonable efforts to obtain relevant records and that no additional RO action was necessary to develop the record.

As to the merits of the claims,the Board found that the injuries underlying all claims were suffered in a 1982 in-service MVA but denied the claims based on a finding that the MVA was a result of [Mr.

Specifically,the Board noted the December 2001 mental health examination report,in which the veteran stated that he had been drunk and in a crash and that this had been the first time 4 he realized he had problems with alcohol.

The Board found that the veteran appear[ed] to be linking the cause of the accident to his use of alcohol and questioned why the MVA would cause him to conclude he had a problem with alcohol if he had merely been a passenger.

The Board noted that his statement about losing consciousness and waking in the hospital contradicted the ER treatment note stating he was conscious on admittance.