BVA Case 17-4733: Ptsd

Mizell ,through counsel,appeals an August 17,2017,Board of Veterans'Appeals (Board) decision in which the Board denied service connection for the appellant's post-traumatic stress disorder (PTSD), anxiety,and depressive disorder.

In the September 2014 decision, the Board denied the claims for service connection for PTSD and for an acquired psychiatric disorder other than PTSD.

In the August 2016 joint motion for remand (JMR),the parties agreed to vacate the September 2014 decision because the Board erred when it found the duty to assist had been satisfied with regard to obtaining the appellant's VA treatment records.

In the August 17,2017,decision here on appeal,the Board determined that the appellant had not met the diagnostic criteria for a diagnosis of PTSD required by regulation for purposes of VA compensation at any time during the pendency of the appeal.

Reasons or Bases � PTSD The appellant asserts that the Board erred in finding that the appellant did not meet the diagnostic criteria for PTSD required by regulation for the purposes of VA compensation at any time during the pendency of the appeal.

In response, the Secretary contends that Board's weighing of evidence,giving less probative weight to the appellant's VA treatment records,which diagnosed him with PTSD,was not clearly erroneous.

The Board's determination that a claimant does or does not have a current disability is a finding of fact subject to the clearly erroneous standard of review set forth in 38 U.

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.