Clegg v. Principi

8 F. App'x 935
CourtCourt of Appeals for the Federal Circuit
DecidedMay 2, 2001
DocketNo. 00-7131
StatusPublished

This text of 8 F. App'x 935 (Clegg v. Principi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clegg v. Principi, 8 F. App'x 935 (Fed. Cir. 2001).

Opinion

BRYSON, Circuit Judge.

Sheri L. Clegg appeals from an order of the Court of Appeals for Veterans Claims affirming a decision by the Board of Veterans’ Appeals. The Board held that a July 16, 1979, regional office rating decision, which denied service connection for a mental condition, did not contain clear and unmistakable error. We affirm.

I

Ms. Clegg served on active duty in the United States Army from November 1973 to March 1977. During a May 1974 medical examination, Ms. Clegg reported that she had nervous trouble, depression or excessive worry, and frequent trouble sleeping, but the report of that examination stated that she had no significant mental illness. Other service records showed a history of alcohol abuse, but did not note any mental illness. Her discharge records also did not indicate any significant mental illness.

After her discharge, Ms. Clegg received medical attention at several different institutions and received varying diagnoses. In November 1977, she was examined at the Colorado State Hospital in Pueblo, Colorado, where she was diagnosed with “borderline personality organization.” In May and June 1978, she was hospitalized at the Life Care Center in Colorado Springs, Colorado, and diagnosed with “depressive neurosis.” In December 1978, she was again hospitalized and diagnosed with a “borderline personality disorder” and habitual alcohol abuse. Reports from the Topeka, Kansas, Veterans Administration Medical Center in January 1979 and June 1979 indicate a diagnosis of “severe borderline personality organization.” Finally, during a period of hospitalization at the Denver Veterans Administration Medical Center between January and June 1981, Ms. Clegg was diagnosed with schizophrenia. Later reports in 1982, 1986, and 1987 from the Denver Medical Center also contained diagnoses of schizophrenia.

On July 7, 1978, Ms. Clegg filed a claim for benefits based in part on her mental condition. In response, the Veterans Administration regional office denied service connection for a mental condition in a July 16, 1979, rating decision. The rating decision stated that Ms. Clegg was found to be suffering from severe borderline personality organization, but it denied service connection on the ground that there was no evidence of in-service treatment or diagnosis of a qualifying mental condition. Ms. Clegg filed a Notice of Disagreement, but did not appeal the matter further.

In September 1988, Ms. Clegg requested that her claim be reopened in light of her presentation of new and material evidence. In 1992 the Board granted her request, reopened her claim, and granted service connection for a psychiatric disorder, with an effective date of September 1988.

Three years later, in March 1995, Ms. Clegg filed a claim alleging that the July 16, 1979, rating decision contained clear and unmistakable error, and that the effective date for her disability benefits should therefore be July 1978. The regional office denied the claim, and the Board of Veterans’ Appeals affirmed. The Board noted that Veterans Administration regulations explicitly excluded personality disorders from the class of mental conditions for which service connection could be granted. Examining the medical records, [938]*938the Board concluded that at the time of the July 1979 decision, the regional office had been presented only with evidence of a personality disorder, and that no confirmed diagnosis of schizophrenia (a condition for which service connection could be granted) was made until 1981.

Ms. Clegg appealed the Board’s decision to the Court of Appeals for Veterans Claims. The court upheld the Board’s decision, finding that the record contained evidence of alcoholism and a personality disorder at the time of the July 16, 1979, rating decision, but that it was “negative for a diagnosis of a psychiatric disability for which service connection could be granted” at the time of that decision. Addressing Ms. Clegg’s argument that the regional office had failed to apply 38 C.F.R. § 3.303(b), the court held that section 3.303(b) was inapplicable because there was no competent diagnosis of a psychiatric disability before the regional office in July 1979.

In her brief to the Court of Appeals for Veterans Claims, Ms. Clegg also argued that the 1979 rating decision was contrary to another subsection of the same regulation, 38 C.F.R. § 3.303(d). The court, however, declined to address the merits of that issue. Instead, it held that it did not have jurisdiction to decide that issue because Ms. Clegg had not raised subsection 3.303(d) in the proceedings before the Board. This appeal followed.

II

Ms. Clegg first argues that the regional office misinterpreted section 3.303(b) because that regulation does not require the regional office to be presented with a diagnosis of a psychiatric disability in order to find service connection. We disagree.

Under the federal veterans’ benefits system, the government pays compensation for disability resulting from an injury suffered or disease contracted, or for aggravation of a preexisting injury or disease, in the line of duty. See 38 U.S.C. § 1110. The compensation inquiry has two parts — whether the veteran has a disability relating to an injury or disease, and whether the injury or disease was incurred or aggravated in the line of duty. A disability is “service-connected” if it was incurred or aggravated in the line of duty. See 38 U.S.C. § 101(16).

The Department of Veterans Affairs regulation setting forth “principles relating to service connection” is found at 38 C.F.R. § 3.303. That regulation has been in effect since 1961. Subsection (a) of section 3.303 sets forth the general rule for service connection, closely tracking the pertinent provisions of the governing statute, 38 U.S.C. § 1110. In particular, subsection (a) provides that service connection “may be accomplished by affirmatively showing inception or aggravation during service or through the application of statutory presumptions,” such as the presumption of sound condition (38 U.S.C. § 1111) or the various presumptions relating to certain diseases that become manifest within particular periods after the veteran’s separation from service (38 U.S.C. § 1112). Subsection (a) further provides that each disabling condition for which the veteran seeks service connection must be considered on the basis of the circumstances of his service, the official history of each organization in which he served, his medical records, and all pertinent medical and lay evidence. Subsection (a) concludes: “Determinations as to service connection will be based on review of the entire evidence of record, with due consideration to the policy of the Department of Veterans Affairs to administer the law under a broad and liberal interpretation consistent with the facts in each individual case.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
8 F. App'x 935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clegg-v-principi-cafc-2001.