10-16 183
10-16 183
| Board of Vet. App. | Aug 31, 2017Background
- Veteran served in U.S. Navy from Feb 1970 to Mar 1974; died Dec 2015 and appellant substituted as claimant.
- Original claim for service connection for PTSD/acquired psychiatric disorder was denied by a final May 1993 VA rating decision (no appeal).
- Since 1993, new evidence includes a Jan 2008 private psychiatric exam, Mar 2009 VA exam, a Feb 2008 PTSD stressor statement, and service records corroborating at least one in-service stressor (deck log showing an officer killed by a hangar bay door).
- The new records diagnose current psychiatric conditions including PTSD, mood disorder NOS, and personality disorder, and provide nexus opinions linking the psychiatric disorder to service.
- The Board found the Veteran credible as to reported stressors (including uncorroborated ones) and concluded the new evidence is neither cumulative nor redundant of the 1993 record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether new and material evidence reopens the finally denied May 1993 claim | Appellant: new medical records, stressor statement, and service records are new and material and raise reasonable possibility of substantiation | VA/RO: 1993 decision is final; reopening requires non-cumulative new and material evidence | Reopened — Board found the post‑1993 evidence new and material |
| Entitlement to service connection for an acquired psychiatric disorder, to include PTSD | Appellant: current diagnoses plus consistent reports of in‑service stressors and medical nexus opinions establish service connection | VA/RO: evidence against nexus and lack of corroboration for some stressors | Granted — on benefit of the doubt, evidence is in equipoise and service connection awarded |
Key Cases Cited
- Clemons v. Shinseki, 23 Vet. App. 1 (2009) (claims should be read to encompass symptoms regardless of diagnostic label)
- Layno v. Brown, 6 Vet. App. 465 (1994) (veteran competent to report observable symptoms)
- Barr v. Nicholson, 21 Vet. App. 303 (2007) (lay testimony can establish observable symptomatology)
- Holton v. Shinseki, 557 F.3d 1362 (Fed. Cir. 2009) (elements required for direct service connection)