CAVC Case 19-7428: Anxiety

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2019-08-05 · PIETSCH, Judge

This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.

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30%$552.47
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60%$1,435.02
70%$1,808.45
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Outcome
Remanded / Vacated
Decision Date
2019-08-05
Judge
PIETSCH, Judge
Service Era
Not specified

Conditions Claimed

AnxietyPsychiatricBackKneeHeadacheTBIArthritis

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Issues on Appeal

Back ConditionService ConnectionKnee Condition

Why It Was Decided This Way

The examiner noted that the appellant's headaches are not related to his TBI,but he did develop some personality changes following his in-service head injury,which he believes have since resolved.

In the August 2019 decision, the Board denied the appellant's claims for entitlement to service connection for a right knee disability and residuals of a TBI.

With regard to the right knee disability,the Board found that the appellant has a current disability of a right knee strain and knee pain,and the Board conceded evidence of an in-service injury to the knee as a result of the May 1984 volleyball injury.

Although the Board found the appellant competent and credible to report having experienced symptoms of right knee pain,it relied upon the July 2012 and October 2018 examinations to find that service connection was not warranted for the appellant's right knee disorder.

ANALYSIS The Board must provide a statement of the reasons or bases for its determination,adequate to enable an appellant to understand the precise basis for its decision,as well as to facilitate review in this Court.

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

Whatever the type of evidence,it is the Board's province to determine its credibility and weight.

1997)(it is the duty [of]the Board to analyze the credibility and probative value of evidence ).

Authorities Cited

Allday v. BrownArdison v. BrownAries v. PeakeCaluza v. BrownDalton v. NicholsonFletcher v. DerwinskiGilbert v. DerwinskGilbert v. DerwinskiGreen v. DerwinskiHersey v. DerwinskKutscherousky v. WestMadden v. GobbeMonzingo v. ShinsekiOwens v. BrownRodriguez v. PeakeSavage v. GoberSee Barr v. NicholsonSee Best v. PrincipiSee Buchanan v. NicholsonSee Frankel v. DerwinskiSee Hampton v. GoberSee Kay v. PrincipiSee Massie v. ShinsekiSee Tucker v. WestStefl v. Nicholson

Denial Type

Credibility|No Nexus|Preponderance Against|Duty To Assist|Inadequate Exam

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