CAVC Case 96-1637: PTSD

In addition, the Board noted that in order for the appellant to qualify for DIC the veteran must have been in receipt of a 100% rating for 5 10 years prior to his death and that, in this case, he had been in receipt of a 100% rating only "since September 1991".

ence, of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the asserted in-service injury or disease and the current disability.

The credibility of the evidence presented in support of a claim is generally presumed when determining whether it is well grounded.

See Beck, supra (holding that, at well-groundedness stage, Board may not weigh credibility of evidence submitted in support of claim); Elkins, 12 Vet.

However, BVA findings of fact pertaining to the question of well groundedness are to be reviewed by this Court under the "clearly erroneous" standard of review set forth in 38 U.

The appellant's first argument is that the Board failed to address in its decision "60 or more pieces of evidence listed in the [Board's January 1997] certified list" (R.

Hence, the statute and VA regulation refute the appellant's argument that a remand is required based on the BVA's failure to address every item of evidence on its certified list.

To comply with this requirement, the Board must analyze the 9 credibility and probative value of the evidence, account for the evidence that it finds to be persuasive or unpersuasive, and provide the reasons for its rejection of any material evidence favorable to the veteran.