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14-27 194
14-27 194
| Board of Vet. App. | Jul 27, 2017
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Background

  • 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)
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Case Details

Case Name: 14-27 194
Court Name: Board of Veterans' Appeals
Date Published: Jul 27, 2017
Docket Number: 14-27 194
Court Abbreviation: Board of Vet. App.