BVA Case 18-0901: Ptsd

Real Board of Veterans' Appeals decision · May 23,2019 · BARTLEY, Judge

Outcome
Affirmed / Vacated / Remanded
Decision Date
May 23,2019
Judge
BARTLEY, Judge
Service Era
Not specified

Conditions Claimed

PtsdDepressionAnxietyPsychiatricBackSleep_ApneaHeartDiabetesRespiratoryEye

Issues on Appeal

Service ConnectionReopenDicPtsdSleep Apnea

Why It Was Decided This Way

In the November 2017 decision on appeal, the Board denied the claims on appeal.

Regarding the petitions to reopen the claims for service connection,the Board concluded that new and material evidence had not been submitted since the previous denial of service connection in August 2006.

Regarding the claims for service connection,the Board determined that the evidence of record revealed no diagnosis of ALS or PTSD.

In addition, the Board found that the preponderance of the competent and credible evidence weighed against finding that Mr.

The Board's determinations regarding service connection and whether a claimant submitted new and material evidence 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 2 In November 2013, Ms.

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

The Secretary urges the Court to affirm this portion of the Board decision,arguing that the Board's finding that no new and material evidence had been submitted since the August 2006 decision was not clearly erroneous.

Authorities Cited

Allday v. BrownCaluza v. BrownClemons v. ShinsekiDavis v. WestDe Perez v. DerwinskiElkins v. WestFletcher v. DerwinskiGilbert v. DerwinskiHenderson v. WestHersey v. DerwinskiKutscherousky v. WestLendon v. NicholsonOwens v. BrownPederson v. McSee Colvin v. DerwinskiSee Frankel v. DerwinskiSee Kay v. PrincipiSee Newhouse v. NicholsonSee Quirin v. ShinsekiSee Smith v. GoberSee Tucker v. WestShade v. ShinsekiSuaviso v. NicholsonWaters v. ShinsekiWilliams v. United States

Denial Type

Credibility|Not New Material|Preponderance Against|Duty To Assist|No Current Disability

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