13-27 920
13-27 920
| Board of Vet. App. | Sep 15, 2017Background
- Veteran served on active duty from Sept. 1982 to Sept. 1989 and appealed an Oct. 2010 RO rating decision to the Board.
- Veteran testified at an October 2015 hearing and alleged a December 1986 in-service personal (sexual) assault and a January 1987 motor-vehicle accident (MVA).
- VA and private clinicians have diagnosed the Veteran with PTSD and related the diagnosis to the claimed in‑service assault.
- Service records show disciplinary actions and onset of heavy drinking beginning shortly after the alleged assault; service treatment records show treatment after the 1987 MVA for left neck/shoulder strain but no in‑service low back complaints.
- VA examinations found no diagnosed chronic disorder attributable to chest pain or headaches during the appeal period; lumbar arthritis was first diagnosed years after service separation.
- Board previously remanded in May 2016; current decision grants PTSD service connection, denies service connection for chest pain, headaches, and back disability, and remands right shoulder and vision issues to the AOJ for further development.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for PTSD | PTSD caused by in‑service personal assault (multiple assailants in ~Dec 1986); medical diagnoses support nexus | VA contests sufficiency of corroboration for the non‑combat stressor absent contemporary official report | Granted — PTSD diagnosis is competent and credible corroborating evidence (behavior changes, service records) makes in‑service stressor at least as likely as not |
| Service connection for disability manifested by chest pains | Chest pain symptoms during appeal period are service‑connected | No current diagnosis of a chronic cardiac condition or other chronic disorder explaining chest pain; existing heart conduction anomalies are asymptomatic; reported chest pain may be PTSD/panic‑related | Denied — no diagnosed chronic cardiac or other causative condition during appeal period; chest pain symptoms alone insufficient |
| Service connection for headache disorder | Headaches reported during appeal period are related to service | No diagnosis of a chronic headache disorder or TBI during the appeal period; lay reports insufficient for medical etiology | Denied — no current diagnosed chronic headache disorder established |
| Service connection for back disability (including MVA residuals) | Current lumbosacral strain/arthropathy caused by or related to in‑service MVA | Service treatment records show only trapezius/neck/shoulder strain after MVA and normal spine on pre‑separation exam; lumbar arthritis first diagnosed ~2009; VA examiner found nexus less likely than not | Denied — preponderance against service connection; no credible continuity of symptomatology or medical nexus established |
Key Cases Cited
- Shinseki v. Sanders, 556 U.S. 396 (notice and record‑reliance standards in VA proceedings)
- Scott v. McDonald, 789 F.3d 1375 (Fed. Cir.) (Board need not raise procedural arguments not presented to it)
- Dickens v. McDonald, 814 F.3d 1359 (Fed. Cir.) (application of Scott to duty to assist)
- Maxson v. Gober, 230 F.3d 1330 (Fed. Cir.) (consideration of post‑service period without complaints in service)
- Forshey v. Principi, 284 F.3d 1335 (Fed. Cir.) (continuity of symptomatology considerations)
- Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir.) (limits on lay testimony for medical etiology)