BVA Case 16-1052: Ptsd
Real Board of Veterans' Appeals decision · July 6, 2017 · KRAMER
Conditions Claimed
PtsdDepressionPsychiatricBackCervicalSleep_ApneaRespiratoryGi
Issues on Appeal
Back ConditionService ConnectionReopenIncreased RatingPtsdSleep Apnea
Why It Was Decided This Way
4 The Board noted that,at her separation examination,Ms.
In an August 2013 rating decision, the RO found that no new and material evidence had been submitted and continued the previous denial of Ms.
Many Hides's lumbar spine disorder claim,new and material evidence necessary to reopen the claim had not been received.
Therein she asserted, inter alia,that her VA C P examination for esophageal conditions was inadequate because the examiner failed to consider and opine on the issue of whether her psychotropic medications,including Clonazepam,Sertraline and Trazadone may cause or aggravate Veteran's acid reflux condition.
Many Hides argues that the Board erred in its denial of her claim for GERD when it relied upon an inadequate medical record, failed to ensure that VA met its duty to assist,ignored favorable evidence,and provided inadequate reasons and bases for its decision.
Many Hides's GERD is secondary to service-connected PTSD because the Board failed to address her argument that her PTSD medications may cause or aggravate her GERD.
The Court agrees that the Board failed to properly address Ms.
Many Hides has not presented any argument as to whether the Board erred in its denial of VA benefits for GERD on a direct basis,dismissal of that issue is appropriate.
Authorities Cited
Denial Type
Credibility|No Nexus|Not New Material|Preponderance Against|Duty To Assist|Inadequate Exam
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