CAVC Case 04-0140: Psychiatric

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · September 11, 2006 · KASOLD

This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.

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Outcome
Affirmed
Decision Date
September 11, 2006
Judge
KASOLD
Service Era
Not specified

Conditions Claimed

PsychiatricBackHipHeartDiabetesHypertension

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Issues on Appeal

PsychiatricBackHipHeartDiabetesHypertension

Why It Was Decided This Way

In May 1982, a VA regional office (RO) denied him entitlement to service connection for his heart-related conditions on the grounds that there was no evidence in his service medical records of hypertension or heart disease and that there was no evidence establishing a nexus between his service-connected psychiatric condition and heart disease.

Prickett's attempt to reopen her previously denied service-connection claim for the cause of her husband's death on the grounds that she failed to submit new and material evidence.

Prickett a letter, informing her of VA's duty to notify her of the information or evidence needed to grant the benefit she wanted and of VA's duty to assist her in obtaining that information or evidence (hereinafter the May 2001 notification letter, or notification letter).

Prickett submitted since her claim was initially denied was both new and material, the DRO reopened Mrs.

Prickett that medical evidence, in particular, a medical opinion demonstrating a nexus between the veteran's service and cause of death, was critical to the disposition of her claim and asked her to submit such evidence.

Prickett's claims file to determine whether a nexus relationship existed between the veteran's service and his cause of death.

The Board concluded that "the evidence shows that the cardiovascular disorder and diabetes which resulted in the veteran's death were not present during service or manifested within one year of service," and that the evidence failed to establish a relationship between the veteran's psychiatric condition and the cause of his death.

She contends that the Board failed to make a conclusion in its statement of reasons or bases that VCAA notification documents alone complied with the VA's section 5103(a) notification requirements.

Authorities Cited

Anderson v. CityAnderson v. WestAustin v. BrownCiting Quartuccio v. PrincipiDaniels v. BrownDouglas v. DerwinskiFlores v. NicholsonGilbert v. DerwinskiGonzales v. United StatesMayfield v. NicholsonMiller v. FentonPelegrini v. PrincipiSee Coker v. NicholsonSee Dingess v. NicholsonStandard v. SwintThurber v. BrownVelez v. West

Regulations Cited (38 CFR / 38 USC)

38 CFR 1.501(b)(1)38 CFR 19.3138 CFR 19.31(a) (2005)38 CFR 19.3638 CFR 20.1304(a)38 CFR 3.103 (2005)38 CFR 3.103(c)(2)38 CFR 3.103(c)(2) (2005)38 CFR 3.2600 (2005)38 USC 5103(a)38 USC 5701(a)38 USC 7104(d)(1)38 USC 710538 USC 7105(d)38 USC 7261(a)(4)38 USC 7261(b)(2)

Denial Type

No Nexus|Not New Material|Duty To Assist

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.