BVA Case 20-4336: Ptsd
Real Board of Veterans' Appeals decision · October 29,2021 · MEREDITH, Judge
Conditions Claimed
PtsdDepressionPsychiatricBackHipSkinTdiu
Issues on Appeal
Service ConnectionPtsd
Why It Was Decided This Way
To the extent the Board denied a rating higher than 20%,the appellant does not raise any argument concerning that matter,and the Court will also dismiss the appeal as to that abandoned issue.
The Board denied entitlement to disability compensation for a psychiatric disability in April 2011.
Later that month, the appellant underwent a VA mental disorders examination; the examiner diagnosed unspecified depressive disorder with mood-congruent psychotic features and opined that the condition was less likely than not related to service because there was insufficient evidence.
In an April 2017 addendum opinion,a VA clinical psychologist elaborated on the negative nexus opinion and explained that, [b]y stating that there is 'insufficient evidence'[,the March 2017 VA examiner]is communicating that after reviewing the available evidence,there is not enough evidence to find that the [appellant's]depressive disorder was in any way associated with his military service or anything that may have occurred while in service.
In that regard,the Board noted that the appellant had recently averred that he received psychiatric treatment between 1983 and 1996 and had provided additional details regarding the purported in-service motor vehicle accident resulting in his friends'deaths.
She opined that the condition is at least as likely as not related to military service and noted,in part, that the appellant began displaying problematic behavior in 1982,which he reported was caused by feelings of depression and apathy,and that the evidence indicated that his postservice behavior continued to be unreliable,unpredictable, and disorganized as a result of his depression and psychosis.
On May 19,2020,the Board denied entitlement to disability compensation for a psychiatric disorder,including schizoaffective disorder.
Ziegler's opinion to undermine the Board's credibility findings.
Authorities Cited
Denial Type
Credibility|No Nexus|Preponderance Against|Duty To Assist
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