BVA Case 17-1885: Ptsd
Real Board of Veterans' Appeals decision · July 10,2018 · SCHOELEN, Judge
Conditions Claimed
Issues on Appeal
Service ConnectionIncreased RatingPtsd
Why It Was Decided This Way
5103A(d),the Secretary's duty to assist includes providing a medical examination or obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim.
The appellant also asserts that the November 2016 examiner did not provide adequate rationale because she related vomiting and reflux to the appellant's esophageal conditions,but did not address whether the appellant's reported stomach problems were related to his esophageal conditions.
The appellant fails to persuade the Court that during the November 2016 esophageal examination the examiner did not consider the appellant's report when relating reported reflux and vomiting to esophageal conditions;or,that the November 2016 examination for intestinal conditions is inadequate because the examiner did not address the appellant's report of stomach problems made in a separate examination for esophageal conditions when the appellant was asked about the history of his esophageal conditions.
To comply with this requirement,the Board must analyze 4 the credibility and probative value of the evidence,account for the evidence that it finds to be persuasive or unpersuasive,and provide the reasons for its rejection of any material evidence favorable to the claimant.
The appellant asserts that the Board failed to provide an adequate statement of reasons and bases for its finding that the appellant's symptoms of diarrhea were not comparable to more or less constant abdominal distress to warrant a maximum 30%rating under DC 7319.
The appellant argues that the Board erred by failing to address this favorable evidence from the November 2016 examination as evidence of more or less constant abdominal distress.
In its decision,the Board determined that the appellant's diarrhea did not warrant a 30% rating under DC 7319 because the abdominal distress associated with his diarrhea did not closely approximate 'more or less constant abdominal distress.
The Board noted the appellant's symptoms of vomiting,reflux,and heartburn,but stated that the November 2016 VA examiner had attributed those symptoms to the appellant's hiatal hernia and GERD.
Authorities Cited
Denial Type
Credibility|Not Service Connected|Duty To Assist|Inadequate Exam|Rating Criteria
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