CAVC Case 96-704: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 11, 1998 · KRAMER

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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Outcome
Affirmed / Vacated
Decision Date
August 11, 1998
Judge
KRAMER
Service Era
Not specified

Conditions Claimed

PTSDAnxietyPsychiatricBackHipHeartEye

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Issues on Appeal

PTSDAnxietyPsychiatricBackHipHeartEye

Why It Was Decided This Way

Anglin appeals a May 24, 1996, Board of Veterans' Appeals (Board) decision finding that new and material evidence sufficient to reopen claims for service connection for post-traumatic stress disorder (PTSD) and a back disorder had not been presented.

On May 24, 1996, the Board found that the evidence was insufficient to reopen claims for service connection for PTSD and a back disorder and that claims for a bladder dysfunction and a neurological hand condition were not well grounded.

A well-grounded claim generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of incurrence or aggravation of a disease or injury in service; and (3) medical evidence of a nexus between an in-service injury or disease and the current disability.

Whether evidence is new and material is a determination that this Court reviews de novo under 38 U.

A service-connection claim must be supported by evidence of a nexus between the claimed in-service disease or injury and the present disease or injury.

This analysis in Robinette applies equally when new and material evidence is needed to complete an application.

Accordingly, remand is necessary to allow the Secretary to fulfill this section 5103(a) duty.

Bladder Disorder The Board determined that the appellant had failed to submit a well-grounded claim for a bladder disorder.

Authorities Cited

Barnett v. BrownCarbino v. GoberColvin v. DerwinskiDizoglio v. BrownDoran v. BrownEpps v. GoberGraves v. BrownGrottveit v. BrownKarnas v. DerwinskiManio v. DerwinskiMasors v. DerwinskiMoreau v. BrownQuarles v. DerwinskiRouten v. BrownSee Caluza v. BrownSee Cohen v. BrownSee Evans v. BrownSee Grivois v. BrownSee Harris v. DerwinskiSee Justus v. PrincipiSee Meyer v. BrownSee Robinette v. BrownSee Routen v. WestSee Ruiz v. GoberSee Struck v. BrownSpencer v. BrownTirpak v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.304(f)38 CFR 3.304(f) (1997)38 USC 5103(a)38 USC 5107(a)38 USC 510838 USC 7252(a)38 USC 7261(a)(1)

Denial Type

Credibility|No Nexus|Not New Material

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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.