BVA Case 19-2158: Ptsd

Real Board of Veterans' Appeals decision · June 29,2020 · MEREDITH, Judge

Outcome
Vacated / Remanded / Affirmed
Decision Date
June 29,2020
Judge
MEREDITH, Judge
Service Era
Not specified

Conditions Claimed

PtsdDepressionBackTinnitusSleep_ApneaShoulderHipHeadacheHeartDiabetes

Issues on Appeal

Service ConnectionEffective DateReopenTdiuHearing LossPtsdSleep Apnea

Why It Was Decided This Way

To the extent that the Board denied entitlement to an effective date earlier than February 4,2007,for the 50%rating for PTSD,the appellant raises no arguments challenging that decision;the Court considers that matter abandoned and will therefore dismiss it.

The Board denied the appellant's claim in July 2009,R.

During the March 2016 VA 1 Although the RO noted that the appellant's claim had become final and therefore new and material evidence was required to reopen it, see 38 U.

5108 (2018),the RO did not discuss whether such new and material evidence had been submitted, see R.

The examiner further determined that the appellant's condition was less likely than not related to service because the Veterans and Agent Orange Update 2012 indicates there is inadequate or insufficient evidence to determine an[] association between essential hypertension and Agent Orange herbicide exposure.

Ultimately,the examiner opined that the appellant's OSA was not at least as likely as not related to or aggravated by service or a service- connected condition.

The appellant filed an NOD with that decision,arguing that VA failed to consider service connection based on exposure to Agent Orange.

4 In the decision on appeal,the Board noted that the appellant has already been granted benefits for the keloid on the right upper arm.

Authorities Cited

Allday v. BrownArdison v. BrownAries v. PeakeBarr v. NicholsonBerger v. BrownBond v. DerwinskiCray v. WilkieFletcher v. DerwinskiGilbert v. DerwinskiHampton v. GoberHilkert v. WestHyder v. DerwinskiKern v. BrownKutscherousky v. WestMedrano v. ShinsekiMonzingo v. ShinsekiNewhouse v. NicholsonRobinson v. ShinsekiSee Breeden v. PrincipiSee Frankel v. DerwinskiSee Kay v. PrincipiSee Locklear v. NicholsonSee Medrano v. NicholsonSee Mlechick v. MansfieldSee Pederson v. McSee Reonal v. BrownSee Robinson v. PeakeShinseki v. SandersStefl v. NicholsonVogan v. Shinseki

Denial Type

No Nexus|Not New Material|Duty To Assist|Inadequate Exam

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