CAVC Case 22-1013: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2021-12-20 · PIETSCH, Judge

This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.

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10%$180.42
20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
80%$2,102.15
90%$2,362.30
100%$3,938.58
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Outcome
Unknown
Decision Date
2021-12-20
Judge
PIETSCH, Judge
Service Era
Not specified

Conditions Claimed

PTSDDepressionPsychiatricBackSleep ApneaShoulderRadiculopathy

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Issues on Appeal

Service ConnectionPTSDSleep Apnea

Why It Was Decided This Way

The examiner therefore opined that the veteran's bilateral hand pain was less likely than not related to his in- service complaints.

August 2015 Board Remand and March 2016 VA Examinations In an August 2015 order,the Board found the September 2011 VA opinion on hand arthralgias inadequate,noting that the opinion was purely speculative and unsupported by any medical evidence,and the Board remanded the matter for a new examination.

November 2020 Board Remand In a November 2020 order, the Board noted that additional VA-generated evidence had been added to the file and the RO had not provided an SSOC considering this evidence.

December 2021 Board Decision In the decision on appeal, the Board denied service connection for OSA,initially noting that the veteran did not allege,nor did the record reflect,that his OSA first manifested during service or within one year of service,or that it was otherwise related to service on a direct or presumptive basis.

The Board concluded that the evidence was against a finding that OSA manifested during service or was otherwise related to service and denied service 4 connection for OSA n a direct basis.

The Board also denied service connection for OSA as related to PTSD,finding no evidence supporting a nexus between his OSA and PTSD,nor evidence that OSA was aggravated by PTSD.

The Board noted that the veteran had a little finger fracture in 1986 which resolved without objective evidence of residuals and the Board stated that a review of the STRs from the veteran's second period of service does not reflect complaints, treatment,or diagnoses related to the [v]eteran's hands.

But the Board found the veteran credible that he dislocated or hurt his thumbs during service while falling or exiting a vehicle while carrying a weapon, 1 and found that an in-service event or injury,the second element of service connection[,]has been established.

Authorities Cited

Acevedo v. ShinsekiAllday v. BrownArdison v. BrownAries v. PeakeBarr v. NicholsonCaluza v. BrownDalton v. NicholsonFletcher v. DerwinskiFrankel v. DerwinskiGilbert v. DerwinskiKutscherousky v. WestMiller v. WilkieMonzingo v. ShinsekiNewhouse v. NicholsonPond v. WestRodriguez v. PeakeSee Acevedo v. ShinsekiSee Best v. PrincipiSee Kay v. PrincipiSee Pederson v. McSee Tadlock v. McSee Tucker v. WestShinseki v. SandersStefl v. NicholsonVan Valkenburg v. Shinseki

Denial Type

Non Denial Outcome

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