BVA Case 21-0315: Ptsd

Of note,the Board found that VA's duty to provide an examination regarding a psychiatric condition,a heart disability,bronchitis,and a left shoulder condition had not been triggered.

Parties'Arguments Regarding a psychiatric disorder,the appellant maintains that the Board erred in deny[ing] confirmation of [his]stressor based on VA's inability to obtain copies of service records, that his statements to his doctors about an in-service assault should be sufficient to corroborate his stressor, and that VA should have provided an examination to allow a medical professional to corroborate the stressor.

With respect to bronchitis, the appellant argues that,because there is evidence of a current disability and that he had self-treated until the condition worsened,the Board erred in failing to obtain an examination.

For his right knee disability,he contends that the Board relied on an inadequate examination because the 2018 VA examiner failed to explain why she could not opine on his loss of range of motion during flare-ups and that the Board failed to discuss the 2017 evidence of knee instability.

The appellant filed a reply brief contending that the Board erred by making its own medical determinations that his shoulder injury was the type of condition that would have required in-service medical treatment,that his heart condition improved in service,and that his in-service symptoms did not amount to bronchitis.

5 To satisfy the duty to assist,VA must provide a medical examination where there is competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability and the evidence indicates that the disability or symptoms may be associated with the claimant's active military, naval,air,or space service, but there is insufficient medical evidence for the Secretary to make a decision on the claim.

The third McLendon element requires only that the evidence 'indicates'that there ' may 'be a nexus between the [first]two [elements].

159(c)(4),it must provide a written statement of the reasons or bases for its conclusion, pursuant to 38 U.