BVA Case 14-0225: Ptsd
Real Board of Veterans' Appeals decision · February 10,2015 · SCHOELEN, Judge
Conditions Claimed
PtsdDepressionBackCervicalKneeSleep_ApneaShoulderHipHeadacheTdiu
Issues on Appeal
Back ConditionService ConnectionTdiuIncreased RatingPtsdSleep Apnea
Why It Was Decided This Way
Johnson ,through counsel,appeals a September 30,2013,Board of Veterans'Appeals (Board)decision in which the Board denied his claims for disability compensation for a disability manifested as left side pain due to a lightning strike and for a sleep disorder,to include sleep apnea,claimed as secondary to post-traumatic stress disorder (PTSD);entitlement to a disability rating in excess of 10%for chronic lumbosacral strain and for chronic cervical strain respectively;and entitlement to a total disability rating based on individual unemployability (TDIU).
In the September 30,2013,decision on appeal,the Board denied all five claims.
In the September 2013 decision on appeal, the Board found not credible the appellant's lay statements asserting that his pain was so severe that he could not move.
Accordingly, the Board denied the appellant's rating-increase claims.
Discussion It is the Board's duty,as factfinder,to determine the credibility and weight to be given to the evidence.
The credibility of a witness can be impeached by a showing of interest,bias,inconsistent statements, or,to a certain extent,bad character.
The Court reviews credibility determinations under the clearly erroneous standard of review.
A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.
Authorities Cited
Denial Type
Credibility|No Nexus|Inadequate Exam|Rating Criteria
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