12-03 515
12-03 515
| Board of Vet. App. | May 31, 2017Background
- Veteran served on active duty Jul 1965–Jun 1967, including service in the Republic of Vietnam Nov 1965–Nov 1966.
- RO denied service connection for PTSD and schizophrenia in Sep 2011; appeal to the Board followed and the Board remanded for development in Nov 2013.
- Veteran submitted lay statements describing combat exposures and later psychiatric symptoms; sought withdrawal of a Board hearing and additional record development.
- Medical evidence: VA PTSD exam (Nov 2011) found no PTSD; VA/ private records document longstanding schizophrenia treated since ~1985–1991 onward; PTSD screening in Oct 2011 negative.
- RO obtained STRs, VA and private records; some private records were unavailable/destroyed. Board found duty to notify and assist satisfied and VA PTSD exam adequate; no VA exam ordered for schizophrenia/anxiety because evidence did not establish need.
- Board concluded no competent medical evidence links PTSD, anxiety, or schizophrenia to in-service events or to manifest within the presumptive period; denied service connection for all claimed psychiatric disabilities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for PTSD | Veteran: PTSD from Vietnam combat exposures (intrusive thoughts about shooting) | VA: No competent medical diagnosis of PTSD; VA exam and screening negative | Denied — no medical diagnosis of PTSD in record; lay statements insufficient alone |
| Service connection for anxiety | Veteran: Anxiety/panic attacks beginning at or soon after discharge | VA: Records show anxiety first documented ~1985; STRs negative for anxiety in service; no nexus opinion | Denied — preponderance against in-service onset or nexus to service |
| Service connection for schizophrenia (direct) | Veteran: Schizophrenia caused by Vietnam service/stress | VA: Schizophrenia diagnosed decades after service; STRs negative; no medical nexus tying it to service | Denied — current diagnosis present but evidence shows manifestation many years after service; no etiological link to service |
| Presumptive service connection for psychosis (schizophrenia) | Veteran: qualifies for presumptive chronic disease treatment (served >90 days in wartime) | VA: Must show manifestation to compensable degree within 1 year of discharge; record does not show this | Denied — evidence does not show manifestation within one year; presumptive criteria not met |
Key Cases Cited
- Scott v. McDonald, 789 F.3d 1375 (Fed. Cir. 2015) (VA notice/notification duties)
- Barr v. Nicholson, 21 Vet. App. 303 (2007) (adequacy of VA examination)
- McLendon v. Nicholson, 20 Vet. App. 79 (2006) (when VA examination/opinion is necessary)
- Jandreau v. Nicholson, 492 F.3d 1372 (2007) (limits on lay evidence giving medical diagnosis)
- Woehlaert v. Nicholson, 21 Vet. App. 456 (2007) (competence of lay testimony for complex psychiatric diagnoses)
- Brammer v. Derwinski, 3 Vet. App. 223 (1992) (requirement of current disability for service connection)