BVA Case 94-1080: Anxiety

Real Board of Veterans' Appeals decision · November 26, 1996 · KRAMER

Outcome
Affirmed / Vacated
Decision Date
November 26, 1996
Judge
KRAMER
Service Era
Not specified

Conditions Claimed

AnxietyPsychiatricBackCervicalKneeShoulderHipAnkleHeadacheSkin

Why It Was Decided This Way

Subsequently, the RO and then the Board denied service connection for residuals of a head injury.

In an August 1992 BVA decision, the Board found that no new and material evidence had been submitted to reopen claims for service connection for either rheumatic heart disease or rheumatoid arthritis.

The Board noted specifically that there was no evidence to support a conclusion that the veteran had developed 8 rheumatic fever after an inoculation during service.

[The veteran] told me his disability [compensation] had been stopped because it had been determined that his [r]heumatic [h]eart disease was not service connected.

In the September 1994 BVA decision here on appeal, an expanded panel of the Board 12 reconsidered the veteran's claims and found that new and material evidence had been submitted and denied both claims on the merits.

The Board found that the March 1994 IMO "provides the best analysis of the actual facts in relation to the pertinent medical principles" and that the analysis "points to the conclusion that the veteran did not have a chronic rheumatic disease during his brief active military service".

The Board concluded that "the actual medical records and the preponderance of credible medical opinion form a preponderance of evidence against the veteran's claim".

Analysis The appellant, through counsel, maintains that the Board's decision denying the claims should be reversed because the Board failed to consider the benefit-of-the-doubt rule, made improper findings in discrediting the medical opinions of Dr.

Authorities Cited

Accardi v. ShaughnessyAustin v. BrownBooton v. BrownCaluza v. BrownColvin v. DerwinskiCox v. BrownCurry v. BrownDaniels v. BrownEdenfield v. BrownEvans v. BrownFletcher v. DerwinskiFugere v. DerwinskiGilbert v. DerwinskiGlynn v. BrownIn Bernard v. BrownIn Thurber v. BrownLittke v. DerwinskiManio v. DerwinskiMoray v. BrownMorton v. RuizQuarles v. DerwinskiRobinette v. BrownSee Allday v. BrownSee Bielby v. BrownSee Blackburn v. BrownSee Graves v. BrownSee Masors v. DerwinskiService v. DullesStruck v. BrownThurber v. Brown

Regulations Cited (38 CFR / 38 USC)

38 CFR 19.3138 CFR 19.538 CFR 20.1001(c)38 CFR 20.130438 CFR 20.1304(a)38 CFR 20.1304(b)38 CFR 20.1304(c)38 CFR 20.238 CFR 20.90338 USC 510138 USC 5103(a)38 USC 5107(a)38 USC 5107(b)38 USC 510838 USC 7104(c)38 USC 7104(d)38 USC 7261(a)38 USC 7261(b)

Denial Type

Credibility|No Nexus|Not Service Connected|Not New Material|Preponderance Against|Duty To Assist

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