CAVC Case 24-6435: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 1983-02-23 · MEREDITH, 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
Reversed / Remanded / Vacated / Affirmed
Decision Date
1983-02-23
Judge
MEREDITH, Judge
Service Era
Not specified

Conditions Claimed

PTSDDepressionPsychiatricCervicalKneeHearing LossTinnitusSleep ApneaShoulderHip

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Issues on Appeal

Service ConnectionKnee ConditionIncreased RatingHearing LossPTSDSleep ApneaHip Condition

Why It Was Decided This Way

The shoulder examiner concluded that the appellant's left shoulder condition was less likely than not related to service.

Although the fall down stairs with bilateral shoulder injury is acknowledge[d],a nexus for service connection cannot be made at this time due to the missing elements of origin and chronicity of the current claimed conditio[]n.

A disability which began in service or was caused by some event in service must be considered chronic before a nexus for service connection can be established.

Therefore, a nexus for service connection for the shoulder condition cannot be made.

Specifically,he contends that the Board did not address the June 2012 private audiogram,which he contends shows hearing loss for VA purposes in the right ear.

In addition,he avers that, because he submitted the private audiogram with his initial application, the issue of the relevance of this document was reasonably and explicitly raised[,]and the Board erred by not specifically addressing it.

Board Decision As an initial matter,the Board noted that the appeal stemmed from September,November, and December 2020 RO decisions.

The Board found,however,that the appellant did not have a left or right ear hearing loss disability for VA purposes.

Authorities Cited

Allday v. BrownAries v. PeakeBarr v. NicholsonBerger v. BrownBest v. PrincipiBond v. DerwinskiClain v. NicholsonCorreia v. McDavidson v. ShinsekiDegmetich v. BrownDofflemyer v. DerwinskiEvans v. ShinsekiFaust v. WestFletcher v. DerwinskiGilbert v. DerwinskiHampton v. GoberHilkert v. WestJanssen v. PrincipiMedrano v. ShinsekiMoore v. ShinsekiOwens v. BrownRobinson v. PeakeRobinson v. ShinsekiRomanowsky v. ShinsekiSchafrath v. DerwinskiSee Breeden v. PrincipiSee Brown v. BrownSee Frankel v. DerwinskiSee Kahana v. ShinsekiSee Locklear v. Nicholson

Denial Type

Credibility|No Nexus|Duty To Assist|Inadequate Exam

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