BVA Case 22-4221: Ptsd

Real Board of Veterans' Appeals decision · June 9,2023 · MEREDITH, Judge

Outcome
Affirmed
Decision Date
June 9,2023
Judge
MEREDITH, Judge
Service Era
Not specified

Conditions Claimed

PtsdPsychiatricBack

Issues on Appeal

Service ConnectionReopenPtsd

Why It Was Decided This Way

The VA examiner diagnosed an insomnia disorder but opined that [t]he timing of the onset of insomnia,combined with the lack of other trauma[-]related symptoms, indicates that insomnia is less likely than not related to military service and more likely related to other factors,including poor sleep hygiene.

2 After further development and procedural history,the Board,in November 2021,found that the prior VA examiners did not address the appellant's January 2016 report that he had nightmares and night sweats since the 1970s,and the Board remanded to obtain a VA addendum opinion,directing the psychiatrist or psychologist to consider and address the appellant's January 2016 statements.

A VA psychologist conducted a records review in December 2021 and provided a nexus opinion.

She further determined that the nightmares that the appellant reported experiencing since the 1970s were not related to the insomnia disorder or any other mental disorder because [a]symptom must cause clinically significant distress to meet [the]criteria for a mental disorder.

On May 11,2022,the Board denied disability compensation for an acquired psychiatric disorder,including PTSD and insomnia.

Parties'Arguments The appellant argues that the Board erred in relying on the March 2016 and January 2020 VA examination reports,which the Board previously found inadequate,and provided insufficient reasons for affording those reports probative value.

In that regard, he avers that those examiners failed to consider his lay statements regarding nightmares and night sweats .

Next,he contends that the Board erred in relying on the December 2021 VA opinion because the psychologist provided insufficient rationale for her negative nexus opinion and because the opinion did not comply with the Board's November 2021 remand.

Authorities Cited

Allday v. BrownAries v. PeakeBarr v. NicholsonCarr v. SaulDavidson v. ShinsekiGilbert v. DerwinskiGill v. McHampton v. GoberLocklear v. NicholsonMaggitt v. WestMorris v. McRusso v. BrownScott v. McSee Breeden v. PrincipiSee Dickens v. McSee Frankel v. DerwinskiSee Gill v. ShinsekiSee Slaughter v. McShedden v. PrincipiShinseki v. SandersStegall v. West

Denial Type

No Nexus|Duty To Assist|Inadequate Exam

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