CAVC Case 15-2585: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2017-03-30 · DAVIS , Chief 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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Outcome
Vacated / Remanded
Decision Date
2017-03-30
Judge
DAVIS , Chief Judge
Service Era
Not specified

Conditions Claimed

PTSDDepressionAnxietyPsychiatricBackEye

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Issues on Appeal

Service ConnectionPTSD

Why It Was Decided This Way

This matter was referred to a panel of the Court, with oral argument,to address the circumstances under which the duty to assist requires VA,in a claim for service connection for a psychiatric disorder,to attempt to obtain records of servicemembers other than the claimant to aid in corroborating a claimed personal assault.

opinion), when a claimant adequately identifies relevant records of fellow servicemembers that may aid in corroborating a claimed personal assault,the duty to assist requires VA to attempt to obtain such records or,at a minimum,to notify the claimant why it will not undertake such efforts.

The appellant underwent a VA PTSD examination and the examiner stated that the veteran's denial at entrance to service of prior drug and alcohol use and mental illness, despite evidence of such in the record,called her credibility into question.

In June 2014,the Board found the January 2014 VA examination inadequate and remanded to obtain another examination.

As relevant here, the Board found that VA had complied with its duties to notify and assist, but did not discuss the veteran's request for efforts to attempt to obtain records from fellow servicemembers.

Regarding the merits,the Board determined that the record lacked evidence of behavior changes in service or shortly thereafter that may indicate MST.

The appellant argues,inter alia, that the Board provided inadequate reasons or bases for finding that VA satisfied its duty to assist because VA did not attempt to obtain records from other servicemembers she specifically identified,including one of her alleged assailants,that may aid in corroborating the claimed in-service assaults.

The appellant counters that the Board, not the Secretary,was required to assesses whether reasonable efforts to assist her included seeking written consent from the witnesses and assailant she identified and that the Secretary's argument that the duty to assist did not mandate such development amounts to impermissible post hoc rationalization.

Authorities Cited

Bowling v. PrincipiBuczynski v. ShinsekiCaluza v. BrownDurham v. ShinsekiFletcher v. DerwinskiForcier v. NicholsonFountain v. McGallegos v. PeakeGee v. PeakeGilbert v. DerwinskiGobber v. DerwinskiGolz v. ShinsekiHersey v. DerwinskiHorn v. ShinsekiKutscherousky v. WestLoving v. NicholsonMonk v. ShulkinPatton v. WestQuirin v. ShinsekiSchafrath v. DerwinskiSee Barr v. NicholsonSee Cohen v. BrownSee Cox v. WestSee Gagne v. McSee Hornick v. ShinsekiSee Kay v. PrincipiSee Nolen v. GoberSee Tucker v. WestTodd v. Mc

Denial Type

Credibility|Duty To Assist|Inadequate Exam

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