http://www.va.gov/vetapp16/Files5/1641941.

txt
Citation Nr: 1641941
Decision Date: 10/31/16 Archive Date: 11/08/16

DOCKET NO. 13-03 345 ) DATE

)
)

On appeal from the

Department of Veterans Affairs Regional Office in St. Petersburg, Florida

THE ISSUES

1. Entitlement to service connection for a left hip disorder.

2. Entitlement to service connection for a sinus disorder.

3. Entitlement to service connection for a bilateral shoulder disorder.

4. Entitlement to service connection for a cervical spine (neck) disorder.

5. Entitlement to service connection for a lumbar spine (back) disorder.

6. Entitlement to service connection for right 5th toe disorder.

7. Entitlement to service connection for posttraumatic stress disorder (PT

8. Entitlement to service connection for an acquired psychiatric disorder,

REPRESENTATION

Veteran represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

L. Edwards Andersen, Counsel

INTRODUCTION

The Veteran had active service from December 2009 to June 2010.

This matter comes before the Board of Veterans' Appeals (BVA or Board) from

In April 2015, the Board remanded these claims for additional development.
The claim for PTSD is expanded from the Veteran's original claim to include

The issue of entitlement to a right hip disorder has been raised by the rec

This appeal was processed using the Veterans Benefits Management System (VB

The issue of entitlement to service connection for an acquired psychiatric

FINDINGS OF FACT

1. The evidence of record does not demonstrate a post-service diagnosis of

2. The evidence of record does not demonstrate a post-service diagnosis of

3. The evidence of record does not demonstrate a post-service diagnosis of

4. The evidence of record does not demonstrate a post-service diagnosis of

5. The Veteran's cervical spine disorder is not causally or etiologically

6. The Veteran's lumbar spine disorder is not causally or etiologically du

7. The Veteran's right 5th toe disorder is not causally or etiologically d

CONCLUSIONS OF LAW

1. Service connection for a left hip disorder is not established. 38 U.S.

2. Service connection for a sinus disorder is not established. 38 U.S.C.A

3. Service connection for a bilateral shoulder disorder is not established

4. Service connection for PTSD is not established. 38 U.S.C.A. 1110,

5. Service connection for a cervical spine disorder is not established. 3

6. Service connection for a lumbar spine disorder is not established. 38

7. Service connection for a right 5th toe disorder is not established. 38

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

I. Duties to Notify and Assist

As provided for by the Veterans Claims Assistance Act of 2000 (VCAA), VA ha

The notice requirements of the VCAA apply to all five elements of a service
In the present case, the VCAA duty to notify was satisfied by a letter sent

There is no allegation from the Veteran that she has any evidence in her po

To fulfill Dingess requirements, in June 2010, the regional office provided

As to VA's duty to assist, the Board notes that pertinent records from all

In April 2015, the Board remanded these claims to afford the Veteran VA exa

The VA's duty to assist in the development of the claims is complete, and n

In light of the foregoing, the Board finds that there is no further action

II. Service Connection Claims

The Veteran seeks entitlement to service connection for a left hip disorder

Applicable Laws

Under the relevant laws and regulations, service connection may be granted

In general, service connection requires competent evidence showing: (1) the

In some cases, lay evidence will also be competent and credible on the issu

The Board must assess the credibility and weight of all the evidence, inclu

Furthermore, in determining whether service connection is warranted for a d

When there is an approximate balance of positive and negative evidence rega

The Board notes that it has thoroughly reviewed the record in conjunction w

Left Hip, Sinus Disorder, Bilateral Shoulder Disorder, and PTSD

The Veteran asserts she has a left hip disorder, sinus disorder, bilateral

1. Facts

Unfortunately, there are no post-service diagnoses of a left hip disorder,

A VA Problem List does not indicate any diagnoses of these claimed disorder

The Veteran received treatment at a VA center for psychiatric symptoms. Of

The Veteran was afforded a VA psychiatric examination in August 2016. The

The Veteran was afforded a VA examination in October 2015 for her claimed l

2. Analysis
The Board notes that the Veteran has asserted she suffers from these claime

The Board has considered the Veteran's arguments. The Board notes that the

Furthermore, while the Veteran is competent to report a contemporaneous med

The Board finds that the most probative evidence consists of the medical re

The Board finds that the claims must be denied. In sum, because post-servi

Cervical Spine Disorder, Lumbar Spine Disorder, and Right 5th Toe Disorder

The Veteran claims entitlement to a cervical spine disorder (claimed as nec

1. Facts

Service treatment records were reviewed. The Veteran's entrance examinatio

The Veteran was afforded a VA examination for her cervical spine and lumbar

The Veteran was afforded a VA examination for her toe in October 2015. The

2. Analysis

Initially, the Board notes that the Veteran has current diagnoses of a cerv

Unfortunately, the Board finds that element (3) under Shedden, nexus, has n

The Board has considered the Veteran's own statements regarding the nature

In the present case, however, the Board finds that the Veteran's lay statem

There is no probative evidence of record that establishes the Veteran's cer

In summary, although the Veteran has current diagnoses of a cervical spine

For these reasons, the Board finds that a preponderance of the evidence is

ORDER

Entitlement to service connection for a left hip disorder is denied.

Entitlement to service connection for a sinus disorder is denied.

Entitlement to service connection for a bilateral shoulder disorder is deni

Entitlement to service connection for PTSD is denied.

Entitlement to service connection for a cervical spine (neck) disorder is d

Entitlement to service connection for a lumbar spine (back) disorder is den

Entitlement to service connection for a right 5th toe disorder is denied.

REMAND

The Veteran seeks entitlement to service connection for an acquired psychia

Unfortunately, a remand is required. Although the Board sincerely regrets

The Board notes that the Veteran was diagnosed with an adjustment disorder

Accordingly, the case is REMANDED for the following actions:

1. Obtain and associate with the claims file all updated treatment records

2. Obtain an addendum opinion for the Veteran's diagnosed adjustment disor

If deemed necessary by the examiner, afford the Veteran a VA examination.

The claims file must be made available and reviewed by the examiner. The e

The examiner is requested to review all pertinent records associated with t

The examiner must review the VA treatment notes diagnosing and treating the

If it is not possible to provide the requested opinion without resort to sp

If there are insufficient facts or data within the claims file, the examine

All opinions must be supported by a clear rationale, and a discussion of th

3. After all of the above actions have been completed, readjudicate the Ve

If the claim remains denied, issue to the Veteran a supplemental statement

4. Thereafter, the case should be returned to the Board, if in order. The

The Veteran has the right to submit additional evidence and argument on the

This claim must be afforded expeditious treatment. The law requires that a

____________________________________________
DEBORAH W. SINGLETON
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs