Case Study: Mike

Mike’s Case

Mike, a Vietnam Veteran, was present and participated in a Navy ship fire, which was fatal to many of his crew mates. After years of work, the PTSD from the ship fire became more and more severe. Because of this, Mike was only able to work marginally with his son. In 2015, he applied for benefits for his PTSD. The VA denied his claim, stating there was no evidence of the ship fire.  

Mike obtained a newspaper article stating that the fire occurred. Even with the newspaper article, his claim was still denied due to a VA psychologist's report that he had no symptoms of PTSD. His total unemployability claim was denied by the VA, saying that he was able to work.   

Mike obtained two additional private psychological exams showing the severity of his PTSD symptoms. His case was appealed to the CAVC because the Board's decision denying his claim failed to explain why it found the unfavorable evidence more probable than the favorable evidence, and that the Board had misstated some of the evidence. With this, the Court agreed, and his claim was granted in 2020 with back benefits from 2015.