![]() ![]() 30, 2008).Īs the Board is granting the full benefit sought on appeal as it relates to service connection for anemia and syncopal episodes/blackouts, as claimed as seizures, the claims are substantiated, and there are no further VCAA duties. § 3.159 has been amended to eliminate the requirement that VA request that a claimant submit any evidence in his or her possession that might substantiate the claim. For claims pending before VA on or after May 30, 2008, 38 C.F.R. Proper VCAA notice must inform the claimant of any information and evidence not of record (1) that is necessary to substantiate the claim (2) that VA will seek to provide (3) and that the claimant is expected to provide. The Veterans Claims Assistance Act of 2000 (VCAA) and implementing regulations impose obligations on VA to provide claimants with notice and assistance. ![]() REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Resolving reasonable doubt in favor of the Veteran, anemia is caused by the service-connected renal disease. Resolving reasonable doubt in favor of the Veteran, syncopal episodes are caused by the service-connected hypertension. The Veteran's current anemia has been shown to be etiologically related to his service-connected chronic renal disease.ġ. The Veteran has not been shown to have seizure disorder however, the Veteran's syncopal episodes have been shown to be etiologically related to his service-connected hypertension.Ģ. The issue of entitlement to an initial compensable disability rating for Raynaud's phenomenon is addressed in the REMAND portion of the decision below and is REMANDED to the Agency of Original Jurisdiction (AOJ).ġ. In the August 2014 remand, the Board remanded this issue for the issuance of a statement of the case (SOC). The Veteran filed a timely NOD to the initial rating in June 2014. In a May 2014 rating decision, the RO granted service connection for Raynaud's phenomenon and assigned an initial noncompensable disability rating. As it relates to the current claim, while the issue was initially phrased as a seizure disorder, the Board has expanded the issue to include syncopal episodes/blackouts based upon the medical evidence of record and the Veteran's statements of having seizure-like episodes. The Court further noted that the Board should have considered alternative current conditions within the scope of the filed claim. The Court, in vacating the Board's decision, pointed out that a claimant cannot be held to a "hypothesized diagnosis - one he is incompetent to render" when determining what his actual claim may be. In Clemons, the veteran specifically requested service connection for PTSD the Board narrowly construed the claim and denied service connection for PTSD based on the absence of a current diagnosis, but the medical record also included diagnoses of an anxiety disorder and a schizoid disorder. 1 (2009), and has concluded that it is applicable here. With regard to the claim of service connection for a seizure disorder, the Board notes the holding of the United States Court of Appeals for Veterans Claims (Court) in Clemons v. A transcript of the hearing is of record. The Veteran appeared at a hearing before a local hearing officer at the RO in January 2010. This matter originally came before the Board of Veterans' Appeals (Board) on appeal from May 2008 and August 2009 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia. The Veteran, who is the appellant, had active service from December 1975 to December 1979. Entitlement to an initial compensable disability rating for Raynaud's phenomenon.Īppellant represented by: Travis Sayre, Attorney-at-Law Entitlement to service connection for anemia, to include as secondary to service-connected chronic renal disease/hypertension.ģ. Entitlement to service connection for syncopal episodes/blackouts, claimed as a seizure disorder, to include as secondary to service-connected hypertension.Ģ. Decision Date: 12/29/16 Archive Date: 01/06/17ĭepartment of Veterans Affairs Regional Office in Huntington, West Virginiaġ. ![]()
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