BVA Case 23-4298: Ptsd

Real Board of Veterans' Appeals decision · July 30,2024 · MEREDITH, Judge

Outcome
Affirmed / Vacated / Remanded
Decision Date
July 30,2024
Judge
MEREDITH, Judge
Service Era
Not specified

Conditions Claimed

PtsdDepressionAnxietyPsychiatricBackSleep_ApneaShoulderSkinRespiratoryEye

Issues on Appeal

Back ConditionService ConnectionReopenPtsdSleep Apnea

Why It Was Decided This Way

Additionally,the Board awarded disability compensation for pseudofolliculitis barbae and found that new and material evidence had been submitted to reopen claims for disability compensation for post-traumatic stress disorder, depression,and anxiety.

In March 2023,the Board denied entitlement to disability compensation for shin splints,a low back condition,a right shoulder condition,a sinus condition,and sleep apnea.

Parties'Arguments The appellant argues,with respect to his shin splints,that the Board applied an incorrect standard for causation and nexus to service in that the Board did not apply but-for causation, which may include a multi-link causal chain.

As a result,he maintains,the Board improperly narrowed the theory of service connection because it did not consider on the merits whether treatment for jaw cancer caused his shin condition and,in turn, whether a jaw condition is related to service.

Additionally,he contends that the Board erred in denying the claim on the ground that he does not have a diagnosis of shin splints because an undiagnosed painful condition may be service connected.

As for the low back and right shoulder conditions,he argues that the Board erroneously rendered its own medical nexus opinions given that the Board made its own findings that his back condition was not chronic,did not result in continuing symptomatology,and did not arise within 1 year of service,and as to both conditions found that they may have been caused by intervening postservice injuries.

He maintains that these errors led to the Board denying the back and shoulder claims before obtaining medical nexus opinions.

Last,he argues that the Board erred by failing to remand the sleep apnea matter as inextricably intertwined with his psychiatric disorder claims, because the evidence suggests that the conditions are related.

Authorities Cited

Allday v. BrownBerger v. BrownBest v. PrincipiBond v. DerwinskiClemons v. ShinsekiColvin v. DerwinskiDavidson v. ShinsekiDuenas v. PrincipiFletcher v. DerwinskiFrost v. ShulkinGilbert v. DerwinskiHampton v. GoberHodge v. WestIn Waters v. ShinsekiJandreau v. NicholsonKutscherousky v. WestLendon v. NicholsonLisio v. ShinsekiLocklear v. NicholsonMedrano v. ShinsekiSaunders v. WilkieSee Allen v. BrownSee Breeden v. PrincipiSee Cook v. PrincipiSee Frankel v. DerwinskiSee Hilkert v. WestSee Kay v. PrincipiSee Medrano v. NicholsonSee Quirin v. ShinsekiSee Russo v. Brown

Denial Type

No Nexus|Not New Material|Duty To Assist

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