McGrath v. Gober

14 Vet. App. 28, 2000 U.S. Vet. App. LEXIS 812, 2000 WL 1154509
CourtUnited States Court of Appeals for Veterans Claims
DecidedAugust 16, 2000
Docket99-132
StatusPublished
Cited by30 cases

This text of 14 Vet. App. 28 (McGrath v. Gober) is published on Counsel Stack Legal Research, covering United States Court of Appeals for Veterans Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGrath v. Gober, 14 Vet. App. 28, 2000 U.S. Vet. App. LEXIS 812, 2000 WL 1154509 (Cal. 2000).

Opinions

HOLDAWAY, Judge, filed the opinion of the Court. STEINBERG, Judge, filed a separate opinion concurring in part and dissenting in part.

HOLDAWAY, Judge:

The appellant, Stephen T. McGrath, appeals from an October 1998 decision of the Board of Veterans’ Appeals (BVA or Board) which (1) denied service connection for schizophrenia, (2) denied an increased disability rating for his service-connected post-traumatic stress disorder (PTSD), and (3) denied an effective date earlier than June 1992 for that PTSD condition. Both parties have filed briefs. The Court has jurisdiction of the case under 38 U.S.C. § 7252(a). For the following reasons, the Court will affirm in part and vacate in part the decision of the Board, remand a matter for readjudication, and dismiss the appeal in part.

I. FACTS

The appellant served on active duty in the U.S. Navy from July 1942 to February 1954. His service medical records indicated that in February 1944 he sustained multiple shrapnel wounds to his right leg during combat operations. Although trained as a dentist, the appellant was serving as an anesthesiologist at the time of his combat injury. His service medical records did not reflect that the appellant suffered from any sort of mental or nervous disorder during his military service. In March 1954, the appellant filed claims for compensation for residuals of several conditions for which he was treated during military service. At that time, he did not file a claim for any mental or nervous disability.

In January 1970, the appellant reported for treatment at a VA hospital for alcoholism. The admission report noted that he had been treated for alcoholism on several other occasions. The report stated that “[a]t the time of admission, the patient manifested tension, perplexity, vagueness of speech, insecurity, bizarre delusions of a persecutory nature, impairment of memory, and depression.” The appellant told his treating physician that he had not been able to work for three years. The physician diagnosed the appellant with alcohol addiction, drug dependence, and latent schizophrenia. In May 1970, a VA regional office (VARO) determined that the appellant’s schizophrenia was not related to his military service. In December 1971, the appellant wrote a letter to the VARO which related to his claim for a “nervous condition.” The letter stated that he had been treated during 1951 at a U.S. Naval hospital and on several occasions after his discharge for a nervous condition. In January 1972, the appellant wrote a second letter to the VARO to clarify his claim. In this letter, he stated:

I was in the invasion of Roi-Namur, Saipan, Tinian and Iwo Jima as an assault dentist with the 4th Marine Division and was wounded (Purple Heart). It was suggested at the [Naval Supply Center], Lido Beach, N.Y. by the psychiatrist that I go to [a VA Hospital] for a work-up and possible treatment, with a diagnosis of anxiety neurosis, combat-induced. I was too “gung-ho” and decided to work through it.
Several years later ... this anxiety evoked an alcoholic response, and I was referred ... to [Captain] Nichols ... a psychiatrist.... I continued to see Captain Nichols on an out-patient basis until I was transferred....

Later that month, Dr. Russell Barton, director of the Rochester State Hospital wrote a letter to the VARO which stated:

Stephen McGrath was admitted to this hospital on August 11, 1965 on a Voluntary [sic] certification because of depression and excessive use of alcohol. He had a history of alcoholism in the past, [30]*30but had abstained for nine years prior to admission. Shortly before admission, he had several operations for appendicitis and peritonitis, and a laminectomy for fracture of the spine. At the same time, his wife left him. He then became depressed, and started drinking again.
On December 29, 1965, the patient was discharged from the hospital. Final diagnosis was Without Mental Disorder, Alcoholism.

In January 1972, the VARO also obtained the records from Middletown State Hospital. First, these records reviewed the appellant’s prior medical history and noted that the appellant had been treated at Benedictine Hospital in October 1953 for acute alcoholism, malnutrition, and avitaminosis. The records revealed that the appellant was treated by a VA hospital in September 1954 and diagnosed with “Emotionally Unstable Personality with addiction to drugs and alcohol.” The records indicated that an electroencephalogram performed in September 1964 showed gross abnormalities, suggesting encephalo-pathic process, and that he had been treated for alcoholism in December 1964. Second, the records stated that the appellant was admitted to Middletown State Hospital in February 1965. At this time, the appellant told his treating physician that “he had to quit [the Navy] due to his drinking problem.” After service, the appellant related that he started his own dental practice and “was doing well except for his habit of drinking alcohol and taking several drugs in order to quiet his nerves down.” He stated that since his discharge “his condition has been progressively deteriorating.” The examining psychiatrist found the appellant not to be psychotic but noted that he had been suffering from auditory hallucinations. Finally, the records then indicated that the appellant was admitted again in May 1965. Upon admission, the appellant’s examining physician, Dr. Albert 0. Rossi, found him to be intoxicated polyneuritic due to alcoholism. Dr. Rossi diagnosed the appellant with “Without Mental Disorder, Alcoholism.” The appellant was readmitted to the hospital in August 1968 with the same diagnosis.

The VARO also obtained medical records from a local VA facility where the appellant had been receiving treatment for alcohol addiction, drug dependence, and schizophrenia in August 1971. In February 1972, the VARO denied his claim for compensation for schizophrenia. In March 1972, the appellant wrote a letter to his service representative which repeated his earlier statements that he had received psychiatric care during military service. He stated:

It seems incredible to me that my service medical records did not reveal this. As a matter of fact ... my health record was locked in [a] safe, to prevent dissemination of the affair to the troops via someone’s curiosity. I therefore suggest a review of the military health records to illustrate these points.

The VARO treated this letter as a Notice of Disagreement (NOD) and processed his appeal to the Board. In his substantive appeal to the Board, the appellant argued that “the underlying cause of the addiction was the anxiety neurosis induced by the stresses of ... [combat].” Apparently, the Board never adjudicated this appeal.

In June 1978, the appellant was admitted to St. Albans Psychiatric Hospital for acute alcohol intoxication. The appellant stated at the time of his admission that he had been sober for over seven years. The report did not mention that the appellant suffered from any other psychiatric or nervous condition. In August 1978, the appellant was admitted to a VA medical center in Lyons, New Jersey for alcoholism. At the time of his admission, the appellant “was intoxicated, confused, and spoke with slurred speech.” The appellant reported auditory hallucinations. In August 1978, the VARO determined that the appellant was 70% disabled due to a non-service-connected nervous reaction.

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Cite This Page — Counsel Stack

Bluebook (online)
14 Vet. App. 28, 2000 U.S. Vet. App. LEXIS 812, 2000 WL 1154509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgrath-v-gober-cavc-2000.