BVA Case 13-0817: Ptsd

Real Board of Veterans' Appeals decision · October 21,2014 · BARTLEY, Judge

Outcome
Vacated / Remanded
Decision Date
October 21,2014
Judge
BARTLEY, Judge
Service Era
Not specified

Conditions Claimed

PtsdDepressionAnxietyPsychiatricBackHeadacheEye

Issues on Appeal

Service ConnectionEffective DateReopenPtsd

Why It Was Decided This Way

at 6; see 1 The Board noted that the veteran's motion to revise a June 1990 Board decision on the basis of clear and unmistakable error was the subject of a separate Board decision.

In June 1990,the Board denied service connection for PTSD.

at 2452),the Board found that he was not credible regarding allegations of life-threatening stressors (R.

He criticized the majority for attack[ing]the veteran's credibility[and]suggesting that his accounts of military service were either inadvertent distortions 5 or deliberate lies to support his claim for compensation.

The RO denied the request in December 2001, finding that new and material evidence had not been submitted to reopen the claim.

When in September 2002 the RO again found new and material evidence to reopen a PTSD service connection claim had not been submitted (R.

In January 2005,the Board found that evidence submitted since the prior final June 1990 7 Board decision�private and VA treatment records and numerous lay statements�were new and material.

In November 2010,the Board denied entitlement to an effective date earlier than August 22,2000.

Authorities Cited

Allday v. BrownCaluza v. BrownCohen v. BrownCromer v. NicholsonFletcher v. DerwinskiGilbert v. DerwinskiHare v. DerwinskiKutscherousky v. WestLalonde v. WestMayhue v. ShinsekiSears v. PrincipiSee Frankel v. DerwinskiSee Hamilton v. DerwinskiSee Jones v. ShinsekiSee Kay v. PrincipiSee Kyhn v. ShinsekiSee Maggitt v. WestSee Tucker v. WestStowers v. ShinsekiVigil v. PeakeWashington v. Nicholson

Denial Type

Credibility|Not New Material|Duty To Assist|Cue

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