Roderick C. Stallworth v. R. James Nicholson

20 Vet. App. 482, 2006 U.S. Vet. App. LEXIS 1261, 2006 WL 3302528
CourtUnited States Court of Appeals for Veterans Claims
DecidedNovember 15, 2006
Docket04-0093
StatusPublished
Cited by22 cases

This text of 20 Vet. App. 482 (Roderick C. Stallworth v. R. James Nicholson) 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
Roderick C. Stallworth v. R. James Nicholson, 20 Vet. App. 482, 2006 U.S. Vet. App. LEXIS 1261, 2006 WL 3302528 (Cal. 2006).

Opinions

MOORMAN, Judge:

The appellant, Roderick C. Stallworth, appeals through counsel a January 8, 2004, decision of the Board of Veterans’ Appeals (Board) that determined there was no clear and unmistakable error (CUE) in a January 27, 1981, Board decision that denied restoration of service connection for schizophrenia. Record (R.) at 1-9. The court has jurisdiction pursuant to 38 U.S.C. §§ 7252(a) and 7266(a) to review the January 2004 Board decision. For the reasons that follow, the Court will vacate the decision on appeal and remand the matter for further proceedings consistent with this opinion.

I. FACTS

The appellant served on active duty in the U.S. Army from May 1974 to July 1975. R. at 13. His service medical records reveal that in April 1975 he was diagnosed with schizophrenia. R. at 16. A medical board found him medically unfit for further military duty and recommended that he be referred to a physical evaluation board and transferred to a VA hospital. R. at 50, 135-36. A June 1975 medical record from the Biloxi, Mississippi, VA hospital states in pertinent part:

It was thought at first that his psychosis was due to his use of LSD and THC, but he relapsed after a short period of hospitalization, and the diagnosis was changed to schizophrenia. He improved on Mellaril, was considered unfit for further military duty, and sent to this hospital for a short-term hospitalization. He feels he doesn’t need to be here. It is doubtful that we can keep him after he receives a discharge from service. The diagnosis still remains moot. He seems to have recovered rather rapidly from his experiences of schizophrenic episode. It is not known if he returned to the use of drugs after his first hospitalization in the Army.... Longitudinal history would tend to support a schizophrenic disorder.... Patient needs to understand that he has been mentally ill, that he will require anti-psychotic drugs [484]*484for an indefinite period. His paranoid ideation will be difficult to change, however.

R. at 74. In an October 1975 VA regional office (RO) decision, the appellant was awarded service connection for schizophrenia and assigned a temporary total disability rating from July 1975 to August 1975, with a 50% disability rating effective from August 1,1975. R. at 153.

Subsequent to his award of service connection, a December 1975 hospital summary report and an August 1976 hospital summary report recorded a diagnosis of “no mental disorder.” R. at 181-82. In a September 1976 RO decision, the appellant’s disability rating was reduced to 0%, effective as of January 1, 1977. R. at 155. Following an October 1976 hospitalization, which again recorded “no mental disorder,” the RO continued the appellant’s 0% rating. R. at 157, 159, 161.

From January 1977 through March 1977, the appellant was readmitted to the Biloxi, Mississippi, VA hospital for a period of 70 days. R. at 174-79. Four staff physicians diagnosed him with “no mental disorder.” R. at 174. The hospital summary stated:

Mr. Stallworth is soon to be 21 and is service connected for 9203 [the diagnostic code for schizophrenia in 1977]. He was first known to us in June 1975, and was a service patient who had a psychotic episode secondary to the use of LSD. Because his LSD psychosis was a bit longer than usual someone in the service labeled it schizophrenia, which in our opinion is an error in diagnosis. Dr. Dreher had the patient on his ward for 42 days in 1975, where he showed no overt psychotic symptoms. Diagnosis was carried forward to give the veteran the benefit of the doubt. Four subsequent periods of hospital observation and examinations failed to reveal evidence of a thought disorder, or any consistent reliable signs or symptoms of psychosis, schizophrenia, affective disturbance, or neurosis. Mr. Stallworth is intelligent, shows definite traits of an antisocial personality and has become adept at deceptive practices at home and while in a penal situation to manipulate his transfer to a hospital. Whereas the undersigned physicians, psychiatrists, cannot assure anyone that Mr. Stall-worth will change his behavior. We can state he has no evidence of a mental illness and he is fully responsible for his behavior. Further we consider his [service connection] diagnosis to be in error and mistakenly made, when the diagnosis should have been psychosis with drug or poison intoxication (other than alcohol) LSD. This condition is self limiting, now resolved with no sequelae dis-cernable, and therefore not disabling at all. Patient is discharged regular, after a VA mandated review panel for legally committed patients, as competent, able to work, not in need of medication or treatment.

R. at 174.

Based on that hospitalization report, in April 1977, VA proposed to sever service connection. R. at 170, 172. The proposal for severance noted that the recent hospitalization “shows the veteran to have no mental disorder and that the original diagnosed schizophrenia was in error due to the veteran’s psychotic episodes secondary to the use of LSD.” R. at 170. The appellant was subsequently hospitalized in June 1977 and diagnosed with chronic undifferentiated schizophrenia. R. at 183. In November 1977, the RO severed service connection. R. at 193. Notwithstanding the June 1977 diagnosis, the RO determined:

[S]ymptoms and reactions of the veteran to the [June 1977] hospitalization corresponded closely to the manipulated pro[485]*485cesses employed in the Biloxi Hospital. On several periods of hospitalization at VA Center, Biloxi, Mississippi, veteran showed no overt psychotic symptoms, in four periods of hospitalization there was no evidence of a thought disorder or any consistent reliable signs or symptoms of psychosis, schizophrenia, affective disturbance, or neurosis. The veteran is shown to be intelligent, shows definite traits of an anti-social personality and has become adept at deceptive practices at home and while in a penal situation to manipulate his transfer to a hospital. The schizophrenic reaction in service was evidently associated with drug or poison intoxication, probably LSD. This condition is self-limiting, now resolved with no sequelae discernible, therefore not disabling at all.

Id. The RO concluded that the assignment of service connection for an acute episode of schizophrenia was clearly and unmistakably erroneous. Id.

Within the one-year appeal period, the appellant made several requests for reevaluation of his service-connected disability, and, in August 1978, a request for restoration of service connection. R. at 236. He was hospitalized from November 1978 through January 1979 and was diagnosed with chronic undifferentiated schizophrenia. R. at 202. An August 1979 neu-ropsychiatric examination report included a diagnosis of paranoid schizophrenic reaction, precipitated by and possibly perpetuated and aggravated by illicit drug use. R. at 212. On December 4, 1979, the appellant was notified that “while the medical evidence indicates that you are suffering from a nervous condition, there has been no new evidence brought forth that this condition was incurred in or aggravated by your military service. In the absence of this evidence, our decision of severing your service connection cannot be changed.” R. at 217.

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Bluebook (online)
20 Vet. App. 482, 2006 U.S. Vet. App. LEXIS 1261, 2006 WL 3302528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roderick-c-stallworth-v-r-james-nicholson-cavc-2006.