CAVC Case 14-3126: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2014-09-04 · BARTLEY, Judge

This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.

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10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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Outcome
Vacated / Remanded / Affirmed
Decision Date
2014-09-04
Judge
BARTLEY, Judge
Service Era
Not specified

Conditions Claimed

PTSDDepressionAnxietyPsychiatricCervicalHeartDiabetesRespiratoryEyeRadiculopathy

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Issues on Appeal

Service ConnectionReopenPTSD

Why It Was Decided This Way

As an initial matter,the Board found that VA had satisfied its duty to assist because VA had conducted all development necessary to substantiate the claims.

Specifically,the Board determined that VA medical examinations were not necessary to decide the veteran's claims because,based on Waters v.

Turning to the merits,the Board noted that,although the appellant.

The Board found,however,that the evidence of record did not establish such exposure because VA does not recognize a presumption of herbicide exposure for veterans stationed at Kadena Air Base or a secondary presumption for veterans who worked on aircraft that sprayed herbicides,and the appellant.

Similarly,the Board denied service connection for hypertension because in- service blood pressure readings were within normal limits and there was no indication that hypertension manifested within one year of separation or that symptoms of hypertension had been continuous since service.

The Board denied service connection for those conditions because post-surgical SMRs and post- service medical records did not reflect complaints of throat difficulties after the tonsillectomy and the separation examination noted no sequelae or complications from that procedure.

Finally,the Board denied service connection for hypercholesterolemia because a finding of high cholesterol is merely a laboratory result and not a disability.

85, 86 (1992),he first argues that the Board clearly erred in finding that VA had satisfied its duty to assist him in developing the evidence of in-service herbicide exposure necessary to prevail on his claims for service connection.

Authorities Cited

Bardwell v. ShinsekiBell v. DerwinskiBuchanan v. NicholsonCaluza v. BrownCombee v. BrownDe Perez v. DerwinskiDegmetich v. BrownDennis v. NicholsonDuenas v. PrincipiGilbert v. DerwinskiJandreau v. NicholsonKahana v. ShinsekiLendon v. NicholsonNolen v. GoberRogozinski v. DerwinskiSee Brammer v. DerwinskiSee Campbell v. GoberSee Deloach v. ShinsekiSee Duenas v. PrincipiSee Frankel v. DerwinskiSee Kutscherousky v. WestSee Polovick v. ShinsekiSee Quirin v. ShinsekiSee Romanowsky v. ShinsekiSee Waters v. ShinsekiShinseki v. SandersStefl v. NicholsonTucker v. WestWaters v. ShinsekiWise v. Shinseki

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

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