CAVC Case 20-7943: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2020-07-24 · JAQUITH, 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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20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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Outcome
Vacated / Remanded
Decision Date
2020-07-24
Judge
JAQUITH, Judge
Service Era
Not specified

Conditions Claimed

PTSDAnxietyPsychiatricHearing LossTinnitusSleep ApneaSkinHeartDiabetesGI

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Issues on Appeal

Service ConnectionReopenHearing LossPTSDSleep Apnea

Why It Was Decided This Way

Many of these conditions couldbe service connected on a presumptive,direct,or secondary basis upon demonstration that the veteran served in Vietnam � but the Board failed to adequately discuss whether VA fulfilled its duty to assist the veteran in developing his claim by corroborating his Vietnam service.

In an October 2009 decision,VA denied every one of his claims for lack of in-service occurrence and nexus.

3 In its July 24,2020, decision,the Board determined that VA hadn't received new and material evidence sufficient to reopen the seizure,diabetes, CVA,hypertension,and CAD claims.

And as for the remaining disabilities,the Board explained that the record hasn't established onset during service,continuity of symptoms,or nexus to service ,nor can they be service connected secondary to CVA or an acquired psychiatric disorder because initial service connection hasn't been established for those two conditions.

Lastly,the Board found that the duty to further assist the veteran hadn't been triggered because of the veteran's significant credibility issues and unsupportive medical evidence.

ANALYSIS The veteran alleges, inter alia ,that the Board failed to ensure that VA fulfilled its duty to assist him in developing his claims for the right and left arm disability, right eye disability,tinnitus, sleep disorder,gastrointestinal disability,scars,and acquired psychiatric disability.

The Secretary has a duty to assist the veteran in obtaining evidence necessary to substantiate his claim,including making reasonable efforts to obtain all potentially relevant records that the appellant adequately identifies and authorizes the Secretary to gather.

In cases where VA has a heightened duty to assist based on lost service records,that duty includes (1) advising the claimant to submit alternative forms of supportive evidence and assisting the claimant in obtaining that alternative evidence, Washington , 19 Vet.

Authorities Cited

Dixon v. DerwinskiGilbert v. DerwinskiHare v. DerwinskiMoore v. ShinsekiRusso v. BrownSee Horn v. ShinsekiSee Kay v. PrincipiSee Kutscherousky v. WestSee Mahl v. PrincipiSee Owens v. BrownSee Tadlock v. McTucker v. WestWashington v. NicholsonWood v. Derwinski

Denial Type

Credibility|No Nexus|Not New Material|Duty To Assist

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