BVA Case 19-5367: Ptsd

1 For the reasons that follow, the Court will set aside 1 In the same decision,the Board denied service connection for sleep apnea and a toenail fungus; denied entitlement to an increased evaluation for type II diabetes mellitus; denied earlier effective dates for the awards of service connection for GERD with constipation, PTSD,and diabetes;and declined to reopen a claim for service connection for hepatitis C.

In the April 2019 decision on appeal,the Board denied higher evaluations for GERD, PTSD,and bilateral upper and lower extremity neuropathy disabilities; and denied earlier effective dates for the awards of service connection for the bilateral upper and lower extremity neuropathy disabilities and entitlement to DEA benefits.

The Board's determinations of the appropriate degree of and effective date for disability compensation for a service-connected disability 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.

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.

6 In its decision,the Board found that the frequency,severity,and duration of Mr.

In reaching its conclusion,the Board found that,although the March 2016 examiner opined that Mr.

Janet argues that the Board erred in denying an evaluation higher than 50% for PTSD when it failed to consider evidence demonstrating that he experienced symptoms commensurate with higher evaluations.