BVA Case 15-1477: Ptsd

Real Board of Veterans' Appeals decision · June 7,2016 · PIETSCH, Judge

Outcome
Affirmed / Remanded
Decision Date
June 7,2016
Judge
PIETSCH, Judge
Service Era
Not specified

Conditions Claimed

PtsdAnxietyPsychiatricBackSkinRespiratoryGiEyeArthritis

Issues on Appeal

Service ConnectionEffective DateIncreased RatingPtsd

Why It Was Decided This Way

Decision on Appeal In the March 2015 decision on appeal,the Board determined that Mr.

Regarding the skin disorder,the Board found there was no evidence of a current condition.

Regarding the right-hand arthritis and carpal tunnel syndrome, the Board concluded that the evidence of record weighed against entitlement to service connection.

Skin Disorder Claim The appellant first argues that the Board erred in not providing him with a medical examination in conjunction with his claim for service connection for a skin disorder.

In disability compensation claims,the duty to assist includes providing the claimant with a VA medical examination or opinion when there is (1)competent evidence of a current disability or persistent or recurrent symptoms of a disability,and (2) evidence establishing that an event,injury, 4 or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies,and (3)an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service or with another service-connected disability,but (4)insufficient competent medical evidence on file for the Secretary to make a decision on the claim.

This determination is reviewed by the Court under the clearly erroneous standard of review.

A finding of material 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.

This is a classic factual assessment,involving the weighing of facts,and the Board's findings are subject to the 'clearly erroneous'standard of review.

Authorities Cited

Acevedo v. ShinsekiAllen v. BrownArdison v. BrownAries v. PeakeBarr v. NicholsonBreeden v. PrincipiByron v. ShinsekiCaluza v. BrownColvin v. DerwinskiDuenas v. PrincipiEvans v. WestFletcher v. DerwinskiFlores v. PeakeFlores v. ShinsekiGilbert v. DerwinskiHickson v. WestHodge v. WestJandreau v. NicholsonKutscherousky v. WestLayno v. BrownLendon v. NicholsonMonzingo v. ShinsekiPerman v. BrownRodriguez v. PeakeSchafrath v. DerwinskiSee Buchanan v. NicholsonSee Davidson v. ShinsekiSee Edwards v. PeakeSee Fagan v. ShinsekiSee Frankel v. Derwinski

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

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