Romeo v. Brown

5 Vet. App. 388, 1993 U.S. Vet. App. LEXIS 338, 1993 WL 298801
CourtUnited States Court of Appeals for Veterans Claims
DecidedAugust 6, 1993
DocketNo. 91-1948
StatusPublished
Cited by7 cases

This text of 5 Vet. App. 388 (Romeo v. Brown) 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
Romeo v. Brown, 5 Vet. App. 388, 1993 U.S. Vet. App. LEXIS 338, 1993 WL 298801 (Cal. 1993).

Opinion

FARLEY, Judge:

Appellant, the widow of World War II veteran Patsy A. Romeo, appeals a July 19, 1991, decision of the Board of Veterans’ Appeals (BVA or Board) which denied entitlement to (1) service connection for the cause of the veteran’s death and (2) an increased evaluation for the veteran’s post-traumatic stress disorder (PTSD), for purposes of accrued benefits. A timely appeal to this Court followed. The Court has jurisdiction pursuant to 38 U.S.C.A. § 7252(a) (West 1991). Because the Board failed to provide adequate reasons or bases for its [390]*390denial of service connection for the cause of the veteran’s death and for its conclusion that the veteran was entitled to no more than a 30% evaluation for his service-connected PTSD, and also failed to consider whether the veteran was entitled to a total rating based on individual unemployability, the decision will be vacated and the matter remanded for readjudication consistent with this opinion.

I. Background

The veteran served on active duty in the United States Army from September 1943 to February 1946, service that included combat duty during World War II. During service, he was treated for a black widow spider bite to the left upper arm, scabies, and an injury to his left knee. Service medical records do not reveal any complaints of or treatment for a psychiatric or liver disorder during service. After his discharge, the veteran sought service connection for a psychiatric disorder which he claimed was the result of the black widow spider bite during service. In decisions dated June 1946, October 1947, and December 1947, the Veterans’ Administration (now Department of Veterans Affairs) (VA) Regional Office (RO) denied service connection for a nervous or psychiatric disorder.

In January 1950, the veteran was hospitalized in a VA medical center for acute infectious hepatitis. In a decision dated March 1950, the RO denied service connection for infectious hepatitis, finding that it was neither incurred in nor aggravated by service, but granted service connection for scabies, residuals of a spider bite, and a scar of the left knee, rating each as 0% disabling, based on additional evidence of record. In October 1978, the veteran sought to reopen his claim for service connection for a psychiatric disorder. During a VA special psychiatric examination, he claimed that he had become addicted to heroin as a result of the black widow spider bite. The examining psychiatrist diagnosed the veteran with heroin dependence, based on the patient’s history; personality disorder with what appeared to be inadequate features; and some symptoms of anxiety. In a rating action dated November 1978, the RO granted service connection for active psychosis for treatment purposes only and denied entitlement to non-service-connected pension. In November 1978, the veteran was hospitalized in a private facility with alcoholic liver disease and gastrointestinal bleeding. He underwent a gastric resection due to peptic ulcer disease, as well as a liver biopsy which confirmed the presence of chronic persistent hepatitis and Laennec’s cirrhosis. In a rating action dated August 1979, the RO granted appellant a 100% non-service-connected evaluation for infectious hepatitis with cirrhosis, ulcer disease necessitating surgery, and esophageal varices, and awarded him a permanent and total evaluation for pension purposes.

From May 1980 to February 1983, the veteran attempted to reopen his claim for service connection for a psychiatric disorder through the submission of numerous personal statements. In these statements, the veteran, referring to himself as “the Black Widow” or “Merlin,” contended that his current psychiatric condition, liver disorder, and substance abuse were directly related to his service-connected spider bite. In December 1982, he was hospitalized at a VA medical facility after complaining of an inability to sleep. The report listed the final diagnosis as major depressive disorder with psychotic features. In a rating action dated March 1983, the RO confirmed the previous denial of service connection for a psychiatric disorder. In a subsequent rating action dated June 1983, the RO determined that no clear and unmistakable error had taken place in the rating decisions made in June 1946 and October 1947. In a decision dated November 1983, the BVA denied appellant’s claim for service connection for a psychiatric disorder and a liver disorder on the grounds that there had been no manifestations of either disorder during service or within one year after separation from service; that there was no evidence of an etiological relationship between his current liver disorder and the spider bite during service; and that there was no clinical evidence establishing a rela[391]*391tionship between his cirrhosis of the liver and his period of service.

In August 1984, the veteran’s service representative requested that the RO review the veteran’s case to determine whether he was suffering from PTSD. The veteran underwent a VA compensation and pension examination and a social and industrial survey in September 1985. The compensation and pension examination report revealed that, although the veteran had presented a complicated case with a variety of psychiatric symptoms, his symptoms were consistent with PTSD. The report noted that the veteran had indicated that he was involved in the D-Day invasion at Omaha Beach and the Battle of the Bulge and that “he [had been] exposed to many very gruesome scenes during his wartime experience, including seeing young men screaming as parts of their bodies were blown off.” R. at 236. The veteran also had recalled mortar shells landing very close to him and having suffered concussions from such mortar fire. The VA psychiatrists diagnosed the veteran with PTSD, chronic; schizophrenia, chronic, paranoid, mild to moderate severity; opiate dependence, in remission; barbiturate dependence, in remission; alcohol dependence, in remission. The results of the social and industrial survey also indicated that the veteran exhibited behavior patterns usually associated with PTSD. The VA social worker noted that although the veteran had been able to work at times, for the most part he had not had any established work history, a problem which, according to the social worker, might have been related to his psychiatric problems. The social worker determined that the veteran should be considered to have an industrial handicap “at least to a partial degree.” R. at 243.

In a rating action dated April 1986, the RO denied service connection for PTSD, finding that the veteran did not suffer from PTSD related to his military service, hut instead from “pre-morbid personality disturbance, schizophrenia, and multiple substance abuse.” R. at 248. In a decision dated October 30, 1988, the BVA denied service connection for PTSD, finding that the veteran’s psychiatric symptoms were general in nature and were more closely akin to schizophrenia. R. at 255-56. The veteran filed a Notice of Disagreement (NOD) on August 3, 1988, received a Statement of the Case (SOC) in September 1988, and perfected an appeal to the BVA in November 1988.

On December 16, 1988, the veteran died. His death certificate listed the cause of death as intra-abdominal hemorrhage due to or as a consequence of carcinoma of the liver. In January 1989, appellant filed a VA Form 21-534 (Application FOR Dependency and Indemnity Compensation OR Death Pension by Surviving Spouse OR Child [DIC]). In a rating decision dated May 1989, the RO confirmed and continued the denial of service connection for a psychiatric disorder, to include PTSD.

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Bluebook (online)
5 Vet. App. 388, 1993 U.S. Vet. App. LEXIS 338, 1993 WL 298801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romeo-v-brown-cavc-1993.