BVA Case 15-3449: Ptsd

Real Board of Veterans' Appeals decision · July 31,2017 · BARTLEY, Judge

Outcome
Remanded / Vacated
Decision Date
July 31,2017
Judge
BARTLEY, Judge
Service Era
Not specified

Conditions Claimed

PtsdDepressionAnxietyPsychiatricBackKnee

Issues on Appeal

Service ConnectionPtsd

Why It Was Decided This Way

However,the examiner further stated that she could not offer a non-speculative opinion as to diagnosis or etiology given evidence of questionable credibility and reliability of the veteran's self-report[s].

Accordingly, she considered the veteran an unreliable responder whose self-report was of questionable credibility given the test results.

In the July 2015 decision on appeal, the Board denied service connection for a psychiatric disorder,to include PTSD,depressive disorder,and anxiety disorder.

1 Initially,the Board found the February 2015 VA examination and opinion adequate for evaluation purposes and in substantial compliance with its remand order.

And the Board impugned the veteran's credibility as follows: [C]oncerning the incident of the civilian woman burning, in the [v]eteran's March 2011 stressor statement, he recalled witnessing the woman set herself on fire.

Having found no credible evidence of a stressor or in-service incident,the Board denied the claim.

Alternatively,he seeks remand on the bases that the Board failed to adequately explain its credibility determinations and failed to ensure substantial compliance with its December 2014 remand order by accepting and relying on the inadequate February 2015 VA opinion.

In its statement of reasons or bases,the Board must analyze the credibility and probative value of evidence, account for the persuasiveness of evidence,and provide reasons for rejecting material evidence favorable to the claimant.

Authorities Cited

Allday v. BrownBarr v. NicholsonBuchanan v. NicholsonCaluza v. BrownCohen v. BrownDalton v. NicholsonDeloach v. ShinsekiDonnellan v. ShinsekiDyment v. WestGutierrez v. PrincipiHersey v. DerwinskiKadia v. GonzalezKutscherousky v. WestLendon v. NicholsonNorman v. McRomanowsky v. ShinsekiSee Arneson v. ShinsekiSee Frankel v. DerwinskiSee Kay v. PrincipiSee Owens v. BrownSee Tucker v. WestSeng v. HolderSizemore v. PrincipiSlyusar v. Holder

Denial Type

Credibility|Inadequate Exam

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