BVA Case 24-2902: Ptsd

Real Board of Veterans' Appeals decision · July 21,2025 · GREENBERG

Outcome
Vacated / Remanded
Decision Date
July 21,2025
Judge
GREENBERG
Service Era
Not specified

Conditions Claimed

PtsdDepressionAnxietyPsychiatricBackCervicalKneeShoulderHipAnkle

Issues on Appeal

SmcBack ConditionService ConnectionEffective DateReopenIncreased RatingPtsd

Why It Was Decided This Way

In June 2016,the Board denied entitlement to a rating in excess of 30% for MS;granted a 30%rating for MS from March 9,2015; and granted entitlement to a 10% rating for left upper extremity disability from August 7,2013.

The RO declined to reopen the claim for a left shoulder condition because new and material evidence was not submitted.

In March 2022,the Board denied entitlement to an effective date earlier than September 21,2007,for service connection for left upper extremity disability associated with MS.

Nurse Kim opined that the in- service left shoulder condition was acute and a nexus was not established to service,because there was no evidence of chronicity of care and only subjective symptoms were noted.

The Board noted the appellant's argument that she was entitled to a 30% rating under DC 8018 and the recent Court decision in Duran v.

The Board found that the appellant did not have a current left shoulder diagnosis separate from the service- connected left upper extremity disability.

The Board concluded that records between 2014 and 2023 did not include evidence of left shoulder imaging showing chronic pathology involving the articulating joint,nor did they show a clear/conclusive/definitive separate left shoulder diagnosis.

The Board found that the June 2022 medical opinion did not include a left shoulder diagnosis, most likely due to the lack of evidence of abnormalities on testing .

Authorities Cited

Andrews v. McBanschbach v. McConroy v. AniskoffCray v. WilkieDuran v. McEvans v. ShinsekiFletcher v. DerwinskiFrankel v. DerwinskiGilbert v. DerwinskiHenderson v. ShinsekiLendenmann v. PrincipiMarbury v. MadisonRobinson v. ShinsekiSchafrath v. DerwinskiSee Caluza v. BrownSee Dunn v. WestSee Kutscherousky v. WestSee Pederson v. McSee Robinson v. PeakeSimmons v. WilkieSmith v. NicholsonWebb v. Mc

Denial Type

No Nexus|Not New Material|Inadequate Exam

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