14-27 194
14-27 194
| Board of Vet. App. | Jul 27, 2017Background
- Veteran served in the U.S. Army (1959–1970; 1971–1982) and is service‑connected for PTSD.
- Veteran seeks service connection for ulcerative colitis (direct and as secondary to PTSD); appeal from a July 2011 RO decision.
- VA travel board hearing held January 2017; VHA gastroenterology opinion obtained June 2017.
- VA examiner diagnosed ulcerative colitis and the veteran reported frequent flare‑ups and difficult disease management.
- VHA gastroenterologist concluded PTSD aggravated the veteran’s ulcerative colitis and discussed stress‑mediated mechanisms linking psychological factors and IBD.
- Board found the medical nexus sufficient and granted secondary service connection on a proximate‑cause basis under 38 C.F.R. § 3.310(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to service connection for ulcerative colitis as secondary to service‑connected PTSD | Ulcerative colitis is related to or aggravated by PTSD and stress; nexus shown by medical opinion and symptom history | RO/VA previously denied; challenges to causation noted in record and literature | Granted: Board awarded secondary service connection based on VHA opinion and benefit‑of‑the‑doubt rule |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (trier of fact may draw reasonable inferences from basic facts)
- Bastien v. Shinseki, 599 F.3d 1301 (factfinder evaluates and weighs evidence and inferences)
- Allen v. Brown, 7 Vet. App. 439 (secondary service connection/ aggravation principles)
- Wallin v. West, 11 Vet. App. 509 (elements required to establish secondary service connection)
