CAVC Case 94-883: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · September 12, 1996 · FARLEY

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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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
Unknown
Decision Date
September 12, 1996
Judge
FARLEY
Service Era
Not specified

Conditions Claimed

PTSDDepressionPsychiatricBackHipSkinHeartEye

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Issues on Appeal

PTSDDepressionPsychiatricBackHipSkinHeartEye

Why It Was Decided This Way

In the June 29, 1994, BVA decision here on appeal, the Board found that the claim was well grounded but denied entitlement to service connection for PTSD.

The Board determined that the veteran had not been in combat and that he had "not been shown to have been exposed to an event during service that was outside the range of usual human experience and would be markedly distressing to almost everyone.

A well-grounded service-connection claim requires a medical diagnosis of a current disability; medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and medical evidence of causal nexus between the in-service injury or disease and the current disability.

VA determines that the veteran did not engage in combat with the enemy, or that the veteran did engage in combat with the enemy but the claimed stressor is not related to such combat, the veteran's lay testimony, by itself, will not be enough to establish the occurrence of the alleged stressor.

The Court also stated in Doran that "the absence of corroboration in the service records, when there is nothing in the available records that is inconsistent with other evidence, does not relieve the BVA of its obligations to assess the credibility and probative value of the other evidence.

The Board found that the veteran had not been in combat.

Reviewing this conclusion under the "clearly erroneous" standard, see Gilbert v.

49, 53 (1990), the Court concludes that the BVA's decision as to noncombatant status had a plausible basis in the record and thus is not subject to reversal as being clearly erroneous.

Authorities Cited

Dizoglio v. BrownDoran v. BrownGilbert v. DerwinskiGrottveit v. BrownHeuer v. BrownKarnas v. DerwinskiMurphy v. DerwinskiRabideau v. DerwinskiRichards v. United StatesSee Caluza v. BrownSee Grivois v. BrownSee Hayes v. BrownSwann v. BrownTablazon v. BrownZarycki v. Brown

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.30438 CFR 3.304(f)38 CFR 3.304(f) (1995)38 USC 111038 USC 1154(b)38 USC 7261(a)(1)

Denial Type

Credibility|No Nexus

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.