CCK Wins Favorable Decision For Navy Veteran With A Personality Disorder
The Board of Veterans’ Appeals denied a Navy veteran service connection for a psychiatric condition in 1982. They found the only psychiatric diagnosis he had was a personality disorder which cannot be service connected. The VA later issued two decisions in 1997 where it denied his request to reopen the claim. The Veteran again filed another request to reopen the claim in July 2009. In 2012, a VA examiner diagnosed the veteran with major depression with psychotic features. The Board Subsequently issued a decision in which it denied the Veteran’s request to reopen because he did not present evidence that his psychiatric disorder was related to his service. On appeal, the Veteran’s attorneys argued that VA’s previous denials were premised on a lack of a diagnosis of a psychiatric disability other than a personality disorder and lack of a medical nexus and thus, the examiner’s diagnosis was evidence of a previously unestablished fact necessary for the granting of the claim. The Court of Appeals for Veterans’ Claims agreed and found that the veteran presented sufficient evidence to reopen the claim, reversed the Board’s decision, and remanded the case back to the Board for it to consider the issue of service connection for psychiatric condition.