Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
ptsd Bva And Relaxed Stressor
Rate this question
Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Rate this question
Question
Berta
On May 17th,2010 the BVA made these 2 decisions referencing th new stressor criteria. These might help someone here understand the new regs.
Case # 1
http://www4.va.gov/vetapp10/files1/1008493.txt
“The provisions of 38 U.S.C.A. § 1154( do not allow a combat
veteran to establish service connection with lay testimony
alone, however. Rather, the statute relaxes the evidentiary
requirements for proving certain events alleged to have
occurred during service when there is no official record. It
cannot be used to etiologically link the alleged service
event to a current disability. Gregory v. Brown, 8 Vet. App.
563, 567 (1996).”
“Because the response from the Vet Center did not specifically
document what efforts it took to locate the Veteran's claimed
treatment reports, and in order to give the appellant every
consideration with respect to the present appeal and to
ensure due process, it is the Board's opinion that further
development of the case is necessary.
Accordingly, the case is REMANDED for the following action:” etc
remanded due to what appears to be DTA error.
CXase #2
http://www4.va.gov/vetapp10/files1/1008955.txt
"The Board notes that the Veteran has not alleged stressors
related to combat exposure, and service records show no
evidence of combat exposure. Based upon this evidence, the
Board finds that the Veteran is not entitled to the relaxed
evidentiary standard of proof regarding events that occurred
during combat pursuant to 38 U.S.C.A. § 1154(B), and
verification of his alleged PTSD stressors is required for
service connection to be granted in this case. See 38 C.F.R.
§ 3.304(f) (2009); Zarycki, 6 Vet. App. at 93; see also
Collette v. Brown, 82 F.3d 389 (1996). A review of the
service records shows the Veteran served as an ordnance
mechanic aboard the USS Kittyhawk. Service treatment records
show sutures for a head laceration in June 1972.
The Board has considered all available evidence in evaluating
the Veteran's claim, and the Board finds the evidence of
record to be sufficient to corroborate the Veteran's
stressors. Because the Veteran has a diagnosis of PTSD
linked to a corroborated, in-service stressor, the Board
finds that service connection for PTSD is warranted.
ORDER
Service connection for PTSD is granted."
Link to comment
Share on other sites
Top Posters For This Question
1
Popular Days
May 18
1
Top Posters For This Question
Berta 1 post
Popular Days
May 18 2010
1 post
0 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now