http://www.va.gov/vetapp16/Files4/1630467.

txt
Citation Nr: 1630467
Decision Date: 07/29/16
DOCKET NO.
)
)

Archive Date: 08/04/16

13-23 071 ) DATE

On appeal from the

Department of Veterans Affairs Regional Office in Muskogee, Oklahoma
THE ISSUES
1.

Entitlement to service connection for prostate cancer, to include as du

2.

Entitlement to service connection for diabetes mellitus, to include as

3.

Entitlement to service connection for a respiratory disorder, diagnosed

4.

Entitlement to service connection for an acquired psychiatric disorder,

REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
Veteran
ATTORNEY FOR THE BOARD
B. Thomas Knope, Counsel
INTRODUCTION
The Veteran served on active duty from March 1966 to October 1972.

This matter is on appeal from a September 2011 rating decision by the Depar

The Veteran testified before the undersigned Veterans Law Judge in Septembe

The issues of entitlement to service connection for prostate cancer, diabet

In that same March 2015 decision, the issue of entitlement to service conne
This appeal is comprised entirely of documents contained in the Virtual VA

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R.

The issue of entitlement to service connection for an acquired psychiatric

FINDINGS OF FACT
1.

The Veteran's diagnosed PTSD has not been associated to a corroborated

2.

There is insufficient evidence to conclude that the Veteran was exposed

3.

It is at least as likely as not that the Veteran's asthma began during

4.

The Veteran's diabetes mellitus, prostate cancer and COPD were not show

CONCLUSIONS OF LAW
1. The criteria for entitlement to service connection for prostate cancer,
2.

The criteria for entitlement to service connection for diabetes mellitu

3.

The criteria for entitlement to service connection for asthma have been

4.

The criteria for entitlement to service connection for COPD have not be

5.

The criteria for entitlement to service connection for PTSD have not be

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

Service Connection

The Veteran is claiming entitlement to service connection for prostate canc

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

Certain chronic diseases, including diabetes mellitus, are subject to presu

Moreover, for such chronic diseases, an alternative method of establishing
Toxic Herbicide Exposure

As it has been the Veteran's primary assertion that his prostate cancer and

VA regulations state that a veteran who served in the Republic of Vietnam d

Exposure to toxic herbicides may also be recognized to veterans who, during

If toxic herbicide exposure is recognized under VA regulations, service con

After a review of the relevant evidence, service connection for prostate ca

After a brief tour at Ft. Bliss, Georgia, he was assigned to U.S. Army Stra

While the Board recognizes that the Veteran served in the Republic of Korea

Additionally, a review of the 1971 8th U.S. Army chronology did not documen
Next, while the Veteran has made many assertions about performing military

While attempts to verify the Veteran's service were made to the JSRRC, VA r

The Board does not wish to convey the notion that it believes the Veteran t

Rather, when evaluating non-medical evidence, VA has a duty to weigh the Ve

PTSD
In order to establish service connection for PTSD, there must be a medical

Under the DSM-IV, a valid diagnosis of PTSD requires that a person has been

Where VA determines that the Veteran did not engage in combat with the enem

Finally, if a stressor claimed by a veteran is related to a fear of hostile

In this case, service connection is not warranted for PTSD, as there is ina

Specifically, at his VA examination in July 2015, the Veteran stated that h

Throughout his time there, he felt the need to remain vigilant, and that th

The Board notes that the Veteran was diagnosed with PTSD at the July 2015 V

Moreover, the Veteran's personnel records do not reflect any records or awa
Active Duty Service

Finally, although though his primary assertions has been addressed above, t

As for the Veteran's assertions regarding his respiratory symptoms and thei

As an initial matter, the Board stresses that the Veteran has actually been

Specifically, the Board notes that the Veteran was seen for complaints of b

While some of the Veteran's recollection of events during service may be at

This fact, in conjunction with the Veteran's statements that he has used al

Next, the Board also determines that service connection is not warranted fo

First, the service treatment records do reflect complaints of bronchitis in

In fact, the post-service evidence does not reflect symptoms related to a r

The Board emphasizes that this first indication of any of these disorders i

As such, a continuity of symptoms is not shown based on the clinical eviden

Next, service connection may also be granted when the evidence establishes

In making this conclusion, the Board places significant value on the opinio

At a more recent VA examination in February 2016, another VA examiner added

As for the Veteran's diabetes mellitus and prostate cancer, the Board relie

The Board finds that these examination are adequate for evaluation purposes

In arriving at this conclusion, the Board has also considered the statement

In this case, however, the Veteran is not competent to provide testimony re

In light of the above discussion, the Board concludes that the preponderanc
VA Duty to Notify and Assist
The Board has given consideration to the Veterans Claims Assistance Act of

Upon receipt of a complete or substantially complete application for benefi

In this case, the Veteran was provided notice letters informing him of both

With respect to the duty to assist, VA must obtain "records of relevant med

Here, the Board finds that all necessary assistance has been provided to th
The Veteran has also been provided with VA examinations.

Upon review of th

Hence, no further notice or assistance is required to fulfill VA's duty to

ORDER

Service connection for prostate cancer, to include as due to toxic herbicid

Service connection for diabetes mellitus, to include as due to toxic herbic

Service connection for asthma is granted

Service connection for COPD, to include as related to asbestos exposure, is

Service connection for PTSD is denied.
REMAND

While the Veteran acquired psychiatric disorder claim has centered mostly o

In this regard, the service treatment reflects that he was seen by a physic

While the Veteran did undergo a VA psychiatric examination in July 2015, th

Moreover, at a May 2009 evaluation, the Veteran stated that he has received
Accordingly, the case is REMANDED for the following action:
(Please note, this appeal has been advanced on the Board's docket pursuant

1. Obtain all treatment records from the VA Medical Center in Muskogee, Okl

If the Veteran has received additional private treatment, he should be affo

2. Obtain the Veteran's SSA records including the medical evidence used to
3.

Schedule the Veteran for a VA examination to determine the nature, exte

The examiner should specifically provide opinions as to whether it is at le

The examiner must also consider the Veteran's lay statements regarding thes
4.

After the above action is completed, if the claims are not fully grante

The appellant has the right to submit additional evidence and argument on t
This claim must be afforded expeditious treatment.
______________________________________________
JOHN J. CROWLEY
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs

The law requires that a