CAVC Case 90-1306: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 28, 1993 · NEBEKER, Chief 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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Outcome
Affirmed / Granted / Denied
Decision Date
April 28, 1993
Judge
NEBEKER, Chief Judge
Service Era
Not specified

Conditions Claimed

PTSDDepressionAnxietyPsychiatricBackHearing LossHipHeadacheHeartEye

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Issues on Appeal

PTSDDepressionAnxietyPsychiatricBackHearing LossHipHeadache

Why It Was Decided This Way

chronic psychiatric disorder, panic disorder, was first manifested many years after service and is not related to service.

In the "ITEMS RELATING TO PRESENT APPELLATE STATUS" section of its decision, the Board noted that it was limiting its consideration and decision to the issue of service connection for PTSD as the issue of service connection for panic disorder had not been developed for appellate review.

In a decision dated November 26, 1991, the Board denied appellant's claims for entitlement to service connection for PTSD and for panic disorder.

Duty to Assist At the outset of its decision, the BVA found that appellant's claims for service connection for PTSD and a panic disorder were well grounded, triggering the VA's duty to assist appellant in developing his claims, and that "this duty ha[d] been substantially fulfilled.

After careful examination of the evidence of record, this Court is convinced that the VA adequately fulfilled its duty to assist appellant in developing his claims for service connection for both PTSD and a panic disorder.

The question of whether or not the VA has fulfilled its duty to assist will not be judged in a vacuum; in deciding the issue, this Court will focus on several factors, including the VA's access to the necessary information and the attempts made by the VA to obtain relevant information, as well as the cooperation of the veteran in providing information within his control.

As this Court noted in Wood, supra: The duty to assist is not always a one-way street.

Based on our review of the record and in consideration of (1) the information at the VA's disposal, (2) the VA's attempts to obtain all necessary information, and (3) the limited information provided to the VA by appellant, we find that the VA satisfactorily fulfilled its duty to assist appellant in developing his claims for service connection for both PTSD and a panic disorder.

Authorities Cited

Colvin v. DerwinskiFugere v. DerwinskiGilbert v. DerwinskiHamilton v. DerwinskiHayes v. DerwinskiIn Karnas v. DerwinskiMense v. DerwinskiMurphy v. DerwinskiSanden v. DerwinskiSanders v. DerwinskiSee Wood v. DerwinskiWilson v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.303(a)38 CFR 3.303(a) (1992)38 CFR 3.304(d)38 USC 113138 USC 1154(b)38 USC 5107(a)38 USC 5107(b)38 USC 7252(a)38 USC 7261(a)(3)

Denial Type

Credibility|Preponderance Against|Duty To Assist

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