BVA Case 21-4066: Ptsd

Real Board of Veterans' Appeals decision · October 19, 2022 · MOORMAN

Outcome
Affirmed / Vacated / Remanded
Decision Date
October 19, 2022
Judge
MOORMAN
Service Era
Not specified

Conditions Claimed

PtsdDepressionAnxietyBackKneeHearing_LossTinnitusHipAnkleSkin

Issues on Appeal

Service ConnectionKnee ConditionIncreased RatingHearing LossPtsd

Why It Was Decided This Way

In the May 2021 decision here on appeal, the Board denied Mr.

of (1)a current disability,(2)incurrence or aggravation of a disease or injury in service,and (3)a nexus between the claimed in-service injury or disease and the current disability.

To satisfy its 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.

The appellant argues that the Board erred when it found that a VA examination was not warranted for his hormone imbalance claim.

The Board found that the appellant has a current disability of diabetes,and the Board presumed,for the purpose of its decision,that he has a disability that caused infertility, but the Board found that his claimed hair loss is not a disability for compensation purposes.

Accordingly, the Board found that the evidence showed both current disabilities and in-service events.

Authorities Cited

Acevedo v. ShinsekiAllday v. BrownArdison v. BrownAries v. PeakeBankhead v. ShulkinBarr v. NicholsonBuckley v. WestCarroll v. McClaudio v. ShinsekiCline v. ShinsekiCoker v. NicholsonCoker v. PeakeColvin v. DerwinskiDavidson v. ShinsekiDuenas v. PrincipiGilbert v. DerwinskiGill v. McHampton v. GoberHarvey v. BrownHilkert v. WestHodge v. WestHyder v. DerwinskiJanssen v. PrincipiJones v. ShinsekiLendon v. NicholsonMauerhan v. PrincipiMonzingo v. ShinsekiOwens v. BrownSee Breeden v. PrincipiSee Deloach v. Shinseki

Denial Type

No Nexus|Preponderance Against|Duty To Assist|Inadequate Exam|Rating Criteria

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