BVA Case 13-2827: Ptsd

Montgomery does not present any argument concerning the Board's denial of an evaluation in excess of 10%for residuals of a right inguinal hernia or the finding that he had not submitted new and material evidence to reopen a claim for service connection for a right hip disorder.

In the second decision,the Board found service connection precluded under 38 C.

The Board found the veteran's reports of blood exposure not credible and without probative value on the basis that (1)his statements about blood transfusions and blood exposure were inconsistent,(2)he did not have a medical-related MOS, and (3)he denied illegal drug use to health care professionals.

The Board must analyze the credibility and probative value of evidence,account for the persuasiveness of 5 evidence,and provide reasons for rejecting material evidence favorable to the claimant.

Montgomery argues that the Board failed to provide adequate reasons or bases for denying referral for extraschedular consideration for the left knee condition because it did not discuss his use of a cane,which is not contemplated in any of the diagnostic codes it considered.

Brown ,the Court rejected a similarly bare statement of reasons or bases when the Board failed to address the effect of a veteran's use of a wheelchair on his service-connected conditions.

Montgomery argues that the Board failed to provide adequate reasons or bases for relying on a September 2007 VA medical opinion,which led the Board to find that his hepatitis C was caused by willful misconduct and to deny service connection.

However,the Board concluded that service connection for hepatitis C must be denied as the preponderance of the competent evidence of record demonstrates that the [v]eteran's hepatitis C was the result of his use of illegal drugs.