CAVC Case 95-1109: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · September 21, 1998 · 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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20%$356.66
30%$552.47
40%$795.84
50%$1,132.90
60%$1,435.02
70%$1,808.45
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100%$3,938.58
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Outcome
Affirmed
Decision Date
September 21, 1998
Judge
NEBEKER, Chief Judge
Service Era
Not specified

Conditions Claimed

PTSDBackHipHeartRespiratoryTDIUEyeRadiculopathy

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Issues on Appeal

PTSDBackHipHeartRespiratoryTDIUEyeRadiculopathy

Why It Was Decided This Way

In February 1984, the RO again denied his claims for service connection for back and foot disorders, but did not address the claim for PTSD.

contributing to death but not related to [immediate] cause.

In the October 1995 BVA decision here on appeal, the Board denied service connection for the cause of the veteran's death.

The Board concluded that the veteran's "cardiovascular disease was neither incurred in or aggravated by service, nor may it be presumed to have been incurred in service.

The appellant also argues that the Board's statement of reasons or bases for its credibility and evidentiary determinations was in error.

Finally, she argues that the Board erred in failing to address a pending claim for PTSD.

Service Connection for the Cause of the Veteran's Death Whether the veteran's death was related to his exposure to Agent Orange while in service is a question of fact which this Court reviews under the "clearly erroneous" standard.

In defining what constitutes a "contributory cause of death," VA regulations provide: Contributory cause of death is inherently one not related to the principal cause.

Authorities Cited

Ashley v. BrownBrock v. BrownColvin v. DerwinskiCombee v. BrownGuerrieri v. BrownIn Austin v. BrownIn Tirpak v. DerwinskiNaturalization Service v. ChadhaOwens v. BrownPerry v. BrownSee Gilbert v. DerwinskiSee Thurber v. Brown

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.309(e)38 CFR 3.312(a)38 CFR 3.312(b)38 CFR 3.312(c)(1)38 USC 111638 USC 510938 USC 7104(d)(1)38 USC 710938 USC 7109 (a)38 USC 7109(1994)38 USC 7109(a)

Denial Type

Credibility

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