13-15 569
13-15 569
| Board of Vet. App. | Oct 31, 2017Background
- Veteran served on active duty (Dec 1956–Jun 1957; Jun 1959–May 1962) and appealed denial of service connection for psychophysiological gastrointestinal reaction.
- Veteran had previously appealed PTSD claim; after remand he was diagnosed with and granted service connection for PTSD (50% effective June 15, 2011).
- September 2016 Board remand directed VA to obtain private and VA records and to determine whether gastrointestinal complaints were psychophysiological or organic; October 2016 psychological exam diagnosed PTSD but could not rule on gastrointestinal etiology without medical specialist review.
- April 2017 VA medical exam found no diagnosed gastrointestinal disorder, attributed episodic gaseous symptoms to diet, and concluded no evidence of psychophysiological gastrointestinal reaction.
- Veteran did not return VA authorization forms to obtain private treatment records; VA obtained available VA and service records and provided the ordered exams.
- Board found VA satisfied notice and duty-to-assist obligations and concluded evidence preponderates against service connection for psychophysiological gastrointestinal reaction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to service connection for psychophysiological gastrointestinal reaction | Veteran: GI symptoms began in service and are triggered/secondary to PTSD | VA: No current diagnosed GI disability; exams attribute symptoms to diet; no nexus to service or PTSD | Denied — no current diagnosed GI disability and no nexus to service or service‑connected PTSD |
Key Cases Cited
- Brammer v. Derwinski, 3 Vet. App. 223 (1992) (service connection requires current diagnosed disability)
- Sanchez-Benitez v. West, 13 Vet. App. 282 (1999) (pain alone without diagnosed underlying condition is not a disability)
- Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007) (lay evidence may be competent for some medical matters but limited by complexity)
- Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004) (elements required for service connection)
- Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008) (standards for adequacy of VA medical examinations)
- Gilbert v. Derwinski, 1 Vet. App. 49 (1990) (benefit of the doubt rule requires equipoise to favor claimant)