Board Provided Inadequate Evidence to Conclude Appellant Did Not Have PTSD

Board Provided Inadequate Evidence to Conclude Appellant Did Not Have PTSD

Board Decision Denies Entitlement to Service Connection for PTSD Due to Medical Examination

CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran entitlement to service connection for PTSD. The Board previously found a May 2008 and January 2012 VA examinations not adequate for adjudication purposes. The Board noted that Appellant’s claims were governed by the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) and the recent April 2014 examination was conducted pursuant to the fifth edition (DSM-V). In its decision, the Board stated denied the Veteran entitlement to service connection for PTSD because the April 2014 examiner opined that the Veteran did not meet the criteria for PTSD and the “conclusion reached was consistent with the conclusions of the two previous examiners under [the] DSM-IV.”

Court Agrees With CCK’s Argument and Remands the Case

CCK argued, and the Court agreed, that the Board provided an inadequate statement of reasons or bases for relying the medical examinations to conclude the appellant did not have PTSD. The Court vacated the Board’s decision and remanded the case back to the Board for readjudication.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins