BVA Case 21-5718: Ptsd

For the following reasons,the Court will vacate the Board's decision to the extent that the Board failed to address the reasonably raised issue of entitlement to secondary service connection for dental issues,and that part of the Board's decision denying a disability rating in excess of 30%for PTSD for the period prior to January 2,2015;and the Court will remand those matters for further proceedings consistent with this decision.

In that regard,the Board determined that the evidence indicated possible worsening of the appellant's PTSD since the 2016 VA examination and that a new VA examination was necessary.

On April 30,2021,the Board denied a rating in excess of 30%for PTSD prior to January 2, 2015,and awarded a 70% rating,but no higher, for PTSD thereafter.

The Board's determination of the proper disability rating is a finding of fact that the Court reviews under the clearly erroneous standard of review.

A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.

As with any material issue of fact or law,the Board must provide a statement of reasons or bases that is adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.

PTSD Rating Prior to January 2, 2015 The appellant argues that the Board failed to discuss the November 2012 VA examination report,which,he asserts,the Board was required to address in order to create a consistent disability picture throughout the period on appeal.

He also argues that the Board failed to address facial inconsistencies in the November 2014 VA examination report,address the adequacy of that examination in light of the January 2015 private 7 counseling report,and consider favorable findings from the November 2014 report.