Jump to content


Help fund HadIt.com. Please note HadIt.com is NOT a non-profit, there is no tax deduction for helping to fund HadIt.com Veteran To Veteran LLC

We have been very lucky since 1997 in being able to fund the site from advertising and my own pocket. Unfortunately my pockets are empty and revenue for the site is down. So if you want to help keep the site funded please use the button below and help fund the site.

Toggle shoutbox Shoutbox Open the Shoutbox in a popup

@  Tbird : (21 September 2014 - 12:48 AM) Forum Is Back Up And Running. We Lost Some Posts, But Were Able To Restore All The Posts To Sep 17. A Big Thank You To Member Kacy For Volunteering And Getting This Fixed.
@  raptorick : (20 September 2014 - 10:12 PM) Posts After The 17Th Are Missing
@  YellowGTO : (17 September 2014 - 01:37 PM) I Can See Reply's In My Email But When I Click The Link It Says "sorry, We Couldn't Find That!" Anyone Have Any Ideas?
@  cragwex : (15 September 2014 - 10:22 AM) Asking For T & P
@  NeverGiveUp : (14 September 2014 - 01:19 PM) Got Denial Letter From Va On Friday, Having Surgery For Hip This Friday Need Advice
@  Tbird : (13 September 2014 - 02:39 PM) Thank You Notorious
@  Notorious Kelly : (12 September 2014 - 02:52 PM) Happy To See The Donate Button For Hadit. No Pressure If You're Struggling But Give If You Can!
@  vet201060 : (11 September 2014 - 11:49 PM) Got The Dea Letter For Pain Killers Today. Interesting To See How This Actually Effects Us Getting Our Meds
@  bad@57 : (11 September 2014 - 07:07 PM) Hello Vets, Had A Very successful Bva Hearing August 20, 2014. Submitting Final Paperwork To Judge For Decision. Wish Me Luck As I Do All!
@  dereekbanks : (11 September 2014 - 12:49 PM) Still No Letter In The Mail, But I Think I Was Denied. Feeling Depressed!
@  dereekbanks : (11 September 2014 - 12:48 PM) Claim Closed On The 8Th, Its 3 Days Later And Ebenefits Still Shows My Same Old Rating.
@  Rotor Head : (11 September 2014 - 06:20 AM) Remember, The 'e' In Ebennies Stands For Entertainment. :blink:
@  ssgtob1 : (11 September 2014 - 05:14 AM) Got Back In, No Change The Last 10 Times I Checked It :(
@  Notorious Kelly : (10 September 2014 - 07:45 PM) Ebenefits Is Back "up" (But I Can't Do Anything In It) ;)
@  carlie : (10 September 2014 - 05:14 PM) Good - They Should Be Helping The Vets In The Virgin Islands - They Should Be Helping All Vets That Can't Earn A Living Due To Something They Experienced On Active Duty.
@  lcurle : (10 September 2014 - 04:37 PM) I Saw On Va.gov That They Are Helping The Homeless Vets In The Us Virgin Islands....im In!
@  lcurle : (10 September 2014 - 04:35 PM) You Must Be A Patient Man To Check It Only Every 10 Minutes, I Hit F5 Every 3 Seconds!
@  ssgtob1 : (10 September 2014 - 12:45 PM) Ebenefits Is Down :( Now I Cant Check It Every 10 Minutes
@  Gastone : (10 September 2014 - 04:25 AM) Heads Up! The 2013 Cbo Report Big Savings By Taxing Comp And Eliminating Iu Past 65 Starting In 2015. Not A Done Deal, Yet! Yrs Of Age.
@  carlie : (09 September 2014 - 06:12 PM) Dereekbanks - No - That Does Not Mean You Were Denied. They Do Not Update Ebenefits On A Daily Basis.

- - - - -

Astonishing Ptsd -hbp Bva Decision!

This topic has been archived. This means that you cannot reply to this topic.
No replies to this topic

#1 Guest_Berta_*GuestMember

  • Guests

Posted 06 February 2006 - 08:36 AM

I think this is an astonishing and fairly recent decision because Dr. Boscarini's work is acknowledged in this decision- (as a treatise)
His work on PTSD has never been given much credence by VA-in the past -unfortunately-

And it is a good example of the way Relative Equipoise is supposed to work.

Citation Nr: 0521679
Decision Date: 08/10/05 Archive Date: 08/19/05

DOCKET NO. 93-23 884 ) DATE

On appeal from the
Department of Veterans Affairs Regional Office in Newark, New


Entitlement to service connection for hypertension.


Appellant represented by: New Jersey Department of
Military and Veterans' Affairs


Ronald W. Scholz, Senior Counsel


The veteran served on active duty from July 1968 to April

This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a February 1992 rating decision by the
Department of Veterans Affairs (VA) Regional Office (RO) in
Newark, New Jersey which denied service connection for

The Board remanded the issue on appeal in October 1995,
November 1999, and September 2003. In its September 2003
Remand, the Board directed a VA examination to determine
whether the veteran's hypertension was caused or aggravated
by his service-connected PTSD.


The evidence of record is in equipoise with respect to the
question of whether the veteran's diagnosed hypertension is
secondary to his service-connected PTSD


Hypertension is proximately due to the veteran's service-
connected PTSD. 38 U.S.C.A. 1110, 5107 (West 2002); 38
C.F.R. 3.102, 3.310 (2004).


In light of the favorable action taken herein, discussion of
whether VA duties pursuant to the Veterans Claims Assistance
Act of 2000 (VCAA) have been satisfied is not required. The
Board finds that no further notification or assistance is
necessary, and deciding the appeal at this time is not
prejudicial to the veteran.
Factual Background

The veteran has been service-connected for PTSD since May

Medical evidence of record reflects that the veteran has a
current diagnosis of hypertension.

Pursuant to a September 2003 Board Remand, the veteran
received a VA medical examination in April 2004. The
examining VA physician concluded there was no relationship
between the veteran's service-connected PTSD and his
hypertension and, further, that PTSD did not cause
hypertension or contribute to any exacerbations of

An April 2005 letter from Alfred M. Dipiero, D.O., noted that
the veteran had been under his care for hypertension, and
concluded that the hypertension resulted from the veteran's
service-connected PTSD.

Legal Criteria

Service connection may also be granted on a secondary basis
if a claimed disability is found to be proximately due to, or
is the result of, an established service-connected disease or
injury. Establishing service connection on a secondary basis
requires evidence sufficient to show: (1) that a current
disability exits, and (2) that the current disability was
either (a) caused by or (;) aggravated by a service-
connected disease or injury. 38 C.F.R. 3.310(a) (2004);
See Allen v. Brown, 7 Vet. App. 439, 446 (1995).

The Secretary shall consider all information and lay and
medical evidence of record with respect to benefits under
laws administered by the Secretary. When there is an
approximate balance of positive and negative evidence
regarding any issue material to the determination of a
matter, the Secretary shall give the benefit of the doubt to
the claimant. 38 U.S.C.A. 5107(B) (West 2002); 38 C.F.R.
3.102 (2004).


The evidence with respect to whether the veteran has a
current disability, hypertension, is not in dispute. The
record reflects that the veteran was first diagnosed with,
and treated for, hypertension, sometime in the 1970's.

In its September 2003 Remand, the Board directed that a VA
medical examination be conducted to determine whether the
veteran's service-connected PTSD caused or aggravated the
veteran's hypertension. Subsequently, two medical opinions
have been obtained and added to the file, both of which are
remarkably inadequate with respect to providing any rationale
for their diametrically opposed conclusions.

The first, a report of an April 2004 VA medical examination,
concluded that there is no relationship between the veteran's
service-connected PTSD and his hypertension. No rationale of
any kind, however, is provided for that conclusion.

The second, a letter from a private physician who has treated
the veteran for his hypertension for many years, concluded
that the veteran's hypertension resulted from his service-
connected PTSD. Again, no rationale of any kind is provided
for that conclusion.

Other than the two medical opinions discussed above, there is
no evidence of record with respect to the issue of secondary
service-connection for hypertension resulting from the
veteran's PTSD.

The Board finds that the evidence with respect to secondary
service-connection is in approximate balance, as there is no
sound basis for choosing one medical opinion over the other.
When there is an approximate balance of positive and negative
evidence regarding any issue material to the determination of
a matter, the benefit of the doubt shall be given to the
claimant and, accordingly, the claim must be granted.

In reaching this determination, the Board notes that the fact
that PTSD was recognized after hypertension was diagnosed is
not determinative, since the record is not lcear as to when
PTSD first existed. Furthermore, in reaching this
determiantion, the Board notes that the VA published
information in the Federal Register. The study did find a
statistically significant increased incidence of hypertension
and chronic heart disease among World War II veterans with
PTSD (odds ratio = 1.25 for hypertension and 1.19 for chronic
heart disease). The conclusion that PTSD may be associated
with cardiovascular disorders is also supported by a 1997
study finding that Vietnam veterans diagnosed with PTSD had a
significantly increased risk of circulatory disease many
years after service. (Boscarino JA. Diseases Among Men 20
Years After Exposure to Severe Stress: Implications for
Clinical Research and Medical Care. Psychosom Med 1997;
59:605-14.) 69 FR 60083-01. In view of the lack of reasoning
in each pertinent medical opinion, the favorable evidence at
least has some support in a document placed in the Federal
Register by VA.


Entitlement to service connection for hypertension, secondary
to the veteran's service-connected PTSD, is granted.

Veterans Law Judge, Board of Veterans' Appeals

Department of Veterans Affairs

Advertise Here


Advertise Here