BVA Case 17-0995: Ptsd

After finding that VA had satisfied its duty to assist by obtaining various post-service medical records and providing adequate examinations relevant to each disability,R.

at 6,the Board denied service connection for sleep apnea,including as secondary to PTSD,R.

Winston first argues that the Board clearly erred in finding that VA satisfied its duty to assist with respect to his sleep apnea claim because it did not obtain the results of fee-basis sleep studies conducted in December 2008 and January 2009.

In addition,he asserts that the Board provided inadequate reasons or bases for its denial of his sleep apnea claim 2 because,inter alia,it did not adequately address his lay statements regarding in-service onset and his report that a VA doctor linked his sleep apnea to combat and that it failed to address his theory, expressly raised below,that sleep apnea was caused or aggravated by his service-connected diabetes mellitus.

The Court has jurisdiction to review whether the Board erred in failing to consider a reasonably raised issue or theory of entitlement.

The Secretary has a duty to assist claimants in developing their claims.

Court of Appeals for the Federal Circuit held that VA's duty to assist as articulated in 3.

A factual finding 'is clearly erroneous when although there is evidence to support it,the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.