BVA Case 20-7943: Ptsd

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.