CAVC Case 97-778: PTSD

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · August 27,1998 · 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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Outcome
Vacated / Affirmed
Decision Date
August 27,1998
Judge
NEBEKER, Chief Judge
Service Era
Not specified

Conditions Claimed

PTSDDepressionAnxietyPsychiatricBackCervicalEyeArthritisRadiculopathy

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Issues on Appeal

PTSDDepressionAnxietyPsychiatricBackCervicalEyeArthritis

Why It Was Decided This Way

The BVA Decision On appeal to the BVA, the Board found that the evidence did not establish that the sexual assault had occurred in service and denied the appellant's claim for service connection for PTSD.

The Board found it "curious," that in 1979, she had described her time in the military as the best time of her life.

Third, the veteran must present medical evidence of a causal nexus between the specific claimed in-service stressor and the current PTSD symptomatology.

The Board is required by statute to base its decisions on "all evidence and material of record" and must provide a "written statement of [its] findings and conclusions, and the reasons or bases for those findings and conclusions, on all material issues of fact and law presented on the record.

does not relieve the BVA of its obligation to assess the credibility and probative value of the other evidence.

7 The appellant contends that the Board failed to provide an adequate statement of reasons and bases analyzing the weight and credibility of all relevant evidence of record that supports her account of the sexual assault in service.

The Court has held that while interest in the outcome of a proceeding "may affect the credibility of testimony, it does not affect competency to testify.

The Board did not discuss the weight and credibility of the appellant's sister's written statement that (1) two days after the alleged rape the appellant had told her about the attack and (2) that she had observed that the appellant had injuries on her face and arms, that she had trouble walking, and that she was in shock.

Authorities Cited

Allday v. BrownCohen v. BrownDoran v. BrownDouglas v. DerwinskiGabrielson v. BrownGilbert v. DerwinskiHatlestad v. DerwinskiKing v. BrownMoreau v. BrownMurphy v. DerwinskiRock v. ArkansasSee Anderson v. BrownSee Caluza v. BrownSee Cartright v. DerwinskiSee Edenfield v. BrownSee Robinette v. BrownWood v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 3.304(f) (1997)38 USC 7104(a)38 USC 7252(a)

Denial Type

Credibility|No Nexus|Duty To Assist

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