Service Connection Denied 2/95

VADenialFebuaury95

Service Connection Denied

Department of Veterans Affairs
03/03/1995
CSS RA11761750

James Raab
xxx forest avenue
xxx Harbor NJ

Dear Mr. Raab

V A. Examination dated 5/2/95 from the V A. Medical Center East Orange. Service Medical Records 9/67 to 8/71.

DECISION:

1. Service connection for post traumatic stress disorder is denied.

2. Service connection for duodenal ulcer is denied.

3. Entitlement to non-service connected disability pension is denied.

REASONS AND BASES:

The report of the VA examination on 5/2/95 was reviewed. The veteran has a history of service in Vietnam as a tape recorder repairman from ll/4/69 to 11/3/70. The veteran gave a history of irregular employment since service. The veteran stated he was currently divorced. He stated he had been married once. The veteran had a 12th grade at the time of entry on active duty. Records and history subsequent to service show the veteran has graduated Middlesex County College and acquired a degree. The veteran complained of inability to work, depression, flashbacks, hyper-vigilance, impaired concentration, isolation, night sweets, paranoia, and sleep disturbances. V A. examir1ation noted the following: the veteran was described as alert, neat, and oriented. Affect was described as constricted. The veteran was described as competent. The veteran did not make good eye contact. There was evidence of paranoid ideations. Insight was noted as poor. IQ was noted to be normal. Judgment was described as poor. Speech was described as rambling.



The available service records do not provide verification of the incidents the veteran identified as specific stressors. The veteran failed to provide more detailed information when requested. Although there is a clinical diagnosis of post traumatic stress disorder, there is no evidence of record to corroborate the veteran’s history of stressful events.

The service medical records are negative for complaint of or treatment for duodenal ulcer. No ulcer was shown on the report of the V A. examination 5/2/95, except by history.

A rating of permanent and total disability will be assigned to veterans who are basically eligible and who are unable to secure and follow a substantially gainful occupation by reason of disability which is likely to be permanent. permanent and total disability for pension purposes is held to exist when there is a single disability ratable at 60 percent or more, or where there are two or more disabilities with a combined evaluation of 70 percent or more, with at least one of the disabilities rated at least 40 percent, and the veteran is, in the judgment of the rating agency, unable to secure or follow substantially gainful occupation as the result of such disability (ies).

Where the evidence fails to establish the basic disability percentage requirements, consideration will be given to assignment of an extraschedular evaluation of permanent and total disability based on such factors as the degree and nature of the disability, the veteran’s age, educational, and occupational background or other factors pertinent to the individual case.

An evaluation of permanent and total disability for entitlement to non-service connected disability pension is not demonstrated. The evidence does not show disability of such severity as to meet the requirements for a rating of permanent and total disability described above. Consideration of an extraschedular rating was also given. The specific evidence related to the claimant's age, education, and employment history were outlined previously. Even with these factors given due consideration, it is not shown that the disabilities are so severe as to permanently preclude some type of gainful employment consistent with the age, education and prior work experience described.

Sincerely Yours,
C.J. Matuszak

Thank You, Jim Raab http://www.jimraab.blogspot.com/