12-17 066
12-17 066
| Board of Vet. App. | Oct 7, 2017Background
- Veteran served on active duty in Vietnam from Sept. 1968 to Aug. 1971 and is presumed exposed to herbicide agents.
- RO denied service connection for PTSD in August 2007; an April 2017 decision later granted service connection for PTSD (so PTSD service-connection is no longer before the Board).
- Veteran sought service connection for a skin disability (claimed as chloracne) and an increased rating for PTSD, plus TDIU and an earlier effective date for PTSD.
- Service records show treatment in 1970 for dishydrosis and allergic reactions (hives), and a normal skin finding at separation in June 1971.
- VA examinations (2011, 2017) found no current skin disability or chloracne; VA obtained adequate medical opinions and satisfied duty to notify and assist.
Issues
| Issue | Veteran's Argument | VA's Argument | Held |
|---|---|---|---|
| Service connection — skin disability (chloracne/herbicide exposure) | Skin condition caused by in-service herbicide exposure (Vietnam service) | No current skin disability shown; service records show allergic reactions, not chloracne; VA exams negative | Denied — preponderance of evidence shows no current skin disability |
| Increased rating for PTSD | May 2017 NOD: current symptoms warrant rating >30% | April 2017 decision assigned initial rating; procedural steps pending | REMANDED — administrative readjudication and issuance of statement of the case required |
| TDIU (total disability based on individual unemployability) | Service-connected disabilities cause unemployability | Contested; not finally adjudicated at Board level | REMANDED — readjudication with SOC required |
| Effective date earlier than May 11, 2010 for PTSD (CUE in Aug 2007 denial) | August 2007 rating decision wrongly denied PTSD; earlier effective date should be assigned | VA requires review; procedural process not completed | REMANDED — SOC and further development required |
Key Cases Cited
- Shoen v. Brown, 6 Vet. App. 456 (Vet. App. 1994) (issue rendered moot where benefit granted)
- Gilbert v. Derwinski, 1 Vet. App. 49 (Vet. App. 1990) (preponderance standard; claimant prevails if evidence in approximate balance)
- Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009) (elements required to establish service connection)
- Combee v. Brown, 34 F.3d 1039 (Fed. Cir. 1994) (direct service connection when disease first manifests after service)
- McLendon v. Nicholson, 20 Vet. App. 79 (Vet. App. 2006) (VA duty to obtain opinion when necessary)
- Barr v. Nicholson, 21 Vet. App. 303 (Vet. App. 2007) (requirements for an adequate medical examination)