BVA Case 17-1531: Ptsd

Real Board of Veterans' Appeals decision · August 31,2018 · BARTLEY, Judge

Outcome
Affirmed / Vacated / Remanded
Decision Date
August 31,2018
Judge
BARTLEY, Judge
Service Era
Not specified

Conditions Claimed

PtsdPsychiatricBackCervicalSleep_ApneaHipSkinHeartDiabetesGi

Issues on Appeal

Service ConnectionPtsdSleep Apnea

Why It Was Decided This Way

In addition, the Board denied entitlement to higher evaluations for bilateral lower extremity peripheral neuropathy as well as entitlement to earlier effective dates for the awards of service connection for the neuropathy disabilities.

Graves filed the claim for service connection for OSA,he was not service connected for PTSD.

Graves and the Secretary agreed to a joint motion for partial remand,inter alia,as to the denial of service connection for erectile dysfunction, noting that the Board erred in not adequately addressing conflicting medical opinions regarding the etiology of erectile dysfunction.

In the March 2017 decision on appeal,the Board denied service connection for bilateral lower extremity swelling as secondary to diabetes,erectile dysfunction as secondary to diabetes, squamous cell carcinoma,stasis dermatitis,and OSA.

Finally,the Board denied entitlement to an evaluation for diabetes in excess of 20%.

Graves argues that the Board erred by relying on the June 2014 medical opinion to deny a higher evaluation because the opinion containing conflicting opinions regarding whether his diabetes requires regulation of activities.

5 The Board's determinations of the appropriate degree of disability and adequacy of a medical examination are findings of fact subject to the clearly erroneous standard of review.

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.

Authorities Cited

Allday v. BrownAmin v. ShinsekiArdison v. BrownAries v. PeakeBarr v. NicholsonBreeden v. PrincipiBuczynski v. ShinsekiCacciola v. GibsonCaluza v. BrownFletcher v. DerwinskiGilbert v. DerwinskiHersey v. DerwinskiHilkert v. WestHyder v. DerwinskiKutscherousky v. WestLendon v. NicholsonMiddleton v. ShinsekiMiller v. WestMonzingo v. ShinsekiNolen v. GoberRobinson v. PeakeRobinson v. ShinsekiRodriguez v. PeakeRomanowsky v. ShinsekiSee Acevedo v. ShinsekiSee Allen v. BrownSee Barringer v. PeakeSee Forshey v. PrincipiSee Frankel v. DerwinskiSee Grivois v. Brown

Denial Type

Credibility|Not Service Connected|Duty To Assist|Inadequate Exam

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