CAVC Case 97-1993: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · November 19, 1999 · HOLDAWAY

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
Decision Date
November 19, 1999
Judge
HOLDAWAY
Service Era
Not specified

Conditions Claimed

PTSDPsychiatricBackKneeShoulderHipAnkleTBISkinArthritis

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Issues on Appeal

PTSDPsychiatricBackKneeShoulderHipAnkleTBI

Why It Was Decided This Way

On appeal to the BVA, the Board determined that the appellant had not submitted evidence of a well-grounded claim for secondary service connection of degenerative joint disease in joints other than his hands and feet.

ANALYSIS After a claimant has submitted evidence of a well-grounded claim, the Secretary has a duty to assist the claimant in developing the facts pertinent to the claim.

The Court has held that the duty to assist includes a thorough and contemporaneous medical examination.

For a claim to be well grounded, a claimant must submit each of the following: (1) a medical diagnosis of a current disability; (2) medical evidence, or in certain circumstances lay evidence, of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the in-service injury or disease and the current disability.

The appellant's claim is not well grounded because there is no medical evidence of a nexus between the appellant's cold injuries and his current arthritis of the joints other than his hands and feet.

an unsubstantiated lay medical opinion," the treatise information could serve as competent medical nexus evidence for a well-grounded claim.

Because the claim was well grounded, the Secretary had a duty to assist the veteran in developing the pertinent facts of his claim.

The Board determined that it would remand for a medical examination regarding arthritis in all the appellant's joints because his claims for secondary service connection were inextricably intertwined.

Authorities Cited

Anderson v. BrownGreen v. DerwinskiIn Wallin v. WestSacks v. WestSee Caluza v. BrownSee Frankel v. DerwinskiSee Hicks v. BrownStegall v. West

Regulations Cited (38 CFR / 38 USC)

38 CFR 4.2 (1998)38 USC 5107(a)38 USC 7252(a)

Denial Type

No Nexus|Duty To Assist

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