BVA Case 93-1220: Ptsd

Real Board of Veterans' Appeals decision · August 1, 1996 · NEBEKER, Chief Judge

Outcome
Affirmed / Vacated / Remanded
Decision Date
August 1, 1996
Judge
NEBEKER, Chief Judge
Service Era
Not specified

Conditions Claimed

PtsdDepressionPsychiatricBackShoulderHipSkinArthritisRadiculopathy

Why It Was Decided This Way

In a September 1978 BVA decision, the Board denied service connection for a back disability.

The Board found that the veteran "was treated for an acute and transitory episode of low back pain in January 1957 during active service", and that "[t]here was no etiologic relationship between the herniated disc and the veteran's period of active service.

Thereafter, in November 1978, the RO denied service connection for both the back and nervous conditions, without mentioning the issue of new and material evidence.

In January 1990, the RO informed the veteran that his submissions had previously been considered; that therefore no action could be taken on his request to reopen; and that new and material evidence was required to reopen his claim.

In the August 1993 BVA decision here on appeal, the Board denied reopening of the service- connection claims for back and neuropsychiatric disorders, and denied an increased (compensable) rating for "scars, left hand".

As to the back claim, the Board found that evidence submitted since the January 1990 RO letter was not new and material.

As to the neuropsychiatric claim, the Board found that evidence submitted since the September 1990 final RO decision was not new and material.

As to the left-hand increased-rating claim, the Board found that the 9 schedular criteria for a compensable evaluation were not met.

Authorities Cited

Ashley v. DerwinskiBell v. DerwinskiBlackburn v. BrownCaffrey v. BrownCaluza v. BrownChute v. DerwinskiDavis v. BrownDuran v. BrownEdenfield v. BrownFletcher v. DerwinskiGlynn v. BrownGraves v. BrownHauck v. BrownHeuer v. BrownJustus v. PrincipiManio v. DerwinskiMindenhall v. BrownMoray v. BrownMorris v. SullivanQuarles v. DerwinskiRussell v. PrincipiSchafrath v. DerwinskiSee Allday v. BrownSee Annoni v. BrownSee Colvin v. DerwinskiSee Esteban v. BrownSee Falzone v. BrownSee Gabrielson v. BrownSee Masors v. DerwinskiSee Shipwash v. Brown

Regulations Cited (38 CFR / 38 USC)

38 CFR 19.938 CFR 3.105(a)38 CFR 3.160(e)38 CFR 4.138 CFR 4.11838 CFR 4.1438 CFR 4.238 CFR 4.4838 CFR 4.7338 USC 115538 USC 510138 USC 510838 USC 5108.38 USC 5110(a)38 USC 7104(d)38 USC 7104(e)38 USC 7105(b)38 USC 7261(a)

Denial Type

Credibility|No Nexus|Not New Material|Duty To Assist

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