CAVC Case 17-0929: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2016-09-29 · SCHOELEN, 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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20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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Outcome
Affirmed
Decision Date
2016-09-29
Judge
SCHOELEN, Judge
Service Era
Not specified

Conditions Claimed

PTSDDepressionAnxietyPsychiatricHeadacheHeartRespiratoryTDIU

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Issues on Appeal

Service ConnectionReopenTDIUPTSD

Why It Was Decided This Way

at 497, and in the May 1975 decision, the Board denied the appellant's claims for service connection for sinusitis with headaches and for a respiratory disorder.

In the March 2016 decision,the Board determined that new and material evidence had been received and reopened the claim for service connection for sinusitis with headaches and a respiratory disorder.

In the September 29,2016,decision here on appeal, the Board denied the appellant's claims for service connection for pansinusitis,pulmonary disease due to mycobacterium,RUL posterior segment cavitary lesion of the lung (claimed as bronchiectasis),acquired psychiatric disorder,and TDIU.

In reaching this determination,the Board found that the weight of the evidence did not reflect that the appellant had a current diagnosis of pansinusitis,or that the previously diagnosed pansinusitis was incurred in or aggravated by service.

In addition,the Board found that the weight of the evidence did not show that the appellant's acquired psychiatric disability,to include his anxiety and depression, was incurred in,or otherwise related to service.

Finally,the Board found that the appellant was not entitled to TDIU because he currently has no 3 service-connected disabilities that would render him unable to maintain substantially gainful employment.

Pansinusitis,Pulmonary Disease,and RUL Segment Cavitary Lesion of the Lung The Board must provide a statement of the reasons or bases for its determination,adequate to enable an appellant to understand the precise basis for its decision,as well as to facilitate review in this Court.

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

Authorities Cited

Allday v. BrownCaluza v. BrownClemons v. ShinsekiCoker v. NicholsonCoker v. PeakeFagan v. ShinsekiGilbert v. DerwinskHersey v. DerwinskHilkert v. WestMadden v. GobbeOwens v. BrownRobinson v. PeakeRobinson v. ShinsekiSchoolman v. WesSee Allday v. BrownSee Barringer v. PeakeSee Coker v. NicholsonSee Frankel v. DerwinskiSee Khyn v. ShinsekiSee Ortiz v. PrincipiSee Owens v. BrownSee Shinseki v. SandersWaters v. Shinseki

Denial Type

Credibility|No Nexus|Not Service Connected|Not New Material|Preponderance Against

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