BVA Case 21-7351: Ptsd

Real Board of Veterans' Appeals decision · July 31,2023 · BARTLEY, Chief Judge

Outcome
Affirmed / Vacated / Remanded
Decision Date
July 31,2023
Judge
BARTLEY, Chief Judge
Service Era
March 1973 to October 1974

Conditions Claimed

PtsdDepressionAnxietyPsychiatricBackHearing_LossTinnitusHipGiTdiu

Issues on Appeal

Service ConnectionEffective DateReopenTdiuHearing LossPtsd

Why It Was Decided This Way

1 In the same decision,the Board denied an evaluation in excess of 70%for PTSD on or after September 10, 2019.

Kalashian had not submitted new and material evidence sufficient to reopen the psychiatric disorder claim because evidence submitted since the March 1982 rating decision did not show a mental health problem incurred or aggravated by service.

In August 2015,the RO found no new and material evidence sufficient to reopen the claim.

In February 2016, the RO acknowledged his PTSD diagnosis but did not consider the shipmate emails as new and material evidence to reopen the claim because the emails contained insufficient information to corroborate the claimed stressor or to allow VA to perform further development in an attempt to corroborate the claimed stressor.

In August 2019,the Board found that VA could not have obtained the Graham County deck logs previously because Mr.

The Board found that entitlement to TDIU was reasonably raised,in accordance with Rice v.

In the September 2021 decision on appeal,the Board found the March 1982 and September 1999 rating decisions final.

at 25,the Board found that the September 1999 rating decision considered the discharge summary and therefore receipt of that record within 1 year of the March 1982 rating decision could not establish an earlier effective date for the award of service connection for PTSD.

Authorities Cited

Bankhead v. ShulkinBeraud v. McBlubaugh v. McCacciola v. GibsonCaluza v. BrownClaudio v. ShinsekiEmerson v. McEvans v. WestFletcher v. DerwinskiGilbert v. DerwinskiHanson v. BrownHersey v. DerwinskiIn Bond v. ShinsekiIn Mitchell v. McKalashian v. TranKisor v. McKutscherousky v. WestLisio v. ShinsekiMauerhan v. PrincipiMayhue v. ShinsekiMittleider v. WestOwens v. BrownPickett v. McRice v. ShinsekiSee Davis v. WestSee Frankel v. DerwinskiSee Grivois v. BrownSee Hilkert v. WestSee Kay v. PrincipiSee Pederson v. Mc

Denial Type

Credibility|Not New Material

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