BVA Case 20-3713: Ptsd

It also failed to ensure VA met its duty to assist the veteran in obtaining a VA medical examination.

Regarding the veteran's TDIU claim,the parties agree that remand is warranted because the Board rejected a favorable private vocational assessment upon its determination that the examiner didn't actually assess the veteran � but there is evidence that the examiner did � and because the Board failed to discuss whether the combined effects of the veteran's service- connected conditions warranted a TDIU rating.

The Board found that it had received new and material evidence and reopened the veteran's sleep apnea claim.

And the Board found that the existence of a present sleep apnea disability had been established.

However,the Board denied service connection for sleep apnea because it found that there was no in-service occurrence linked to his current sleep apnea diagnosis.

The Board noted that [a]dditionally,conclusory generalized lay statements concerning 'destroyed'medical records, parachute injury,and snoring are insufficient predicates to require the Secretary to provide an examination, and the Board determined that the record was 3 A service-connected condition is a disability that was incurred or aggravated in the line of active duty.

Establishing direct service connection generally requires medical,or sometimes lay, evidence of (1) a current disability,(2)an in-service incurrence or aggravation of a disease or injury,and (3)a nexus between the claimed in-service disease or injury and the current disability.

The Board found that the first element of service connection was met, but the other two were lacking.