BVA Case 15-0540: Ptsd

In the December 2014 decision here on appeal,the Board found that a disability rating in excess of 30% was not warranted.

Analysis The degree of disability assigned to a condition under a rating code is a finding of fact subject to the clearly erroneous standard of review in 38 U.

When, on the basis of the evidence of record,two or more provisions of VA's rating schedule are potentially applicable to the evaluation of a particular disability,the Board must provide reasons or bases for its decision to rate that disability under one such provision rather than another potentially applicable provision.

To comply with this requirement,the Board must analyze the credibility and probative value of the evidence,account for the evidence that it finds to be persuasive or unpersuasive,and provide the reasons for its rejection of any material evidence favorable to the claimant.

3 The appellant argues that the Board failed to provide an adequate statement of its reasons and bases for its decision denying a disability rating in excess of 30%for the appellant's service- connected PTSD.

The appellant asserts that the Board failed to adequately discuss the appellant's GAF scores of 45 assigned by his treating physicians and failed to address his diagnoses of OCD and depression.

The appellant also asserts that the Board erred in failing to consider whether he is entitled to separate disability ratings based upon his depression and OCD diagnoses.

In the December 2014 decision here on appeal,the Board found that throughout the appeal period, the appellant's left cubital tunnel syndrome has more nearly approximated the criteria for a 20%disability rating.