BVA Case 23-0038: Ptsd
Real Board of Veterans' Appeals decision · June 28,2024 · JAQUITH, Judge
Conditions Claimed
PtsdDepressionAnxietyBackCervicalShoulderHipTbiSkinHeart
Issues on Appeal
Back ConditionService ConnectionReopenPtsd
Why It Was Decided This Way
In response to a claim received on March 15,2018, 4 a VA regional office (RO) denied service connection for both diabetes and anxiety based on a lack of new and material evidence,as well as a TBI, bulging disc cervical, pinched nerve cervical, and PTSD.
In the September 8,2022,decision on appeal,the Board denied service connection for diabetes,a cervical spine disorder,and a TBI.
Regarding diabetes,the Board noted that the veteran was first diagnosed with [diabetes]without complications in August 2005 and that his STRs were silent for any complaints, treatment,or diagnosis related to [diabetes].
The Board also dismissed the veteran's testimony regarding service connection for diabetes secondary to PTSD and pes planus because [n]o medical evidence was offered as to the relationship between the two and [n]either the [v]eteran nor his representative [is]competent to provide a nexus opinion in this case.
The Board concluded that a VA exam for diabetes was not warranted because [t]he only evidence of a possible connection between his [diabetes] and service or service-connected disabilities are the [v]eteran's conclusory statements that the condition is related to service.
The Board found the veteran's assertions that this disability was related to his military service, to include a truck accident, boxing,and wearing [a]heavy helmet in service, were not credible, as these statements were contradicted by the other probative evidence of record.
Thus,the Board found that a medical examination would serve no useful purpose,since the requirement of an in-service disease or injury to establish a service connection claim cannot be met upon additional examination.
Finally,the Board denied service connection for a TBI because the element of a current diagnosis is not met.
Authorities Cited
Denial Type
Credibility|No Nexus|Not New Material|Duty To Assist|Inadequate Exam
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