The Court of Appeals for Veterans Claims (CAVC) set aside the Board's January 2019 decision, finding that new and material evidence had not been submitted sufficient to reopen the Veteran’s previously denied claim of entitlement to service connection for an acquired psychiatric disorder, to include PTSD. The appeal is granted as new and material evidence has now been received.
The deciding factor: The Court found that the Board's decision failed to adequately discuss relevant medical evidence or explain its basis for discounting favorable evidence regarding VA outpatient treatment records and a February 2017 VA examiner’s opinion.
- Claimed conditions
- acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2020
- Citation
- 20073014
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder to correct a duty to assist error, requiring further examination and review of private treatment records.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error, as it is unclear whether the Veteran's claimed conditions are due to any incident of his period of active service.
- Remanded (sent back)
The Board denied an earlier effective date for the Veteran's award of service-connected compensation for headaches and remanded claims for increased rating, service connection for a thoracolumbar spine disability, right shoulder disability, and acquired psychiatric disorder.
- Denied
The Board denied service connection for various conditions, including herniation and bulging disk L4 through S1, knee pain with osteoarthritis, an acquired psychiatric disorder, cubital tunnel syndrome, carpal tunnel syndrome, and neuropathy. However, the Board granted a 30 percent evaluation for chronic headaches.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.