Sheets v. Derwinski

2 Vet. App. 512, 1992 U.S. Vet. App. LEXIS 163, 1992 WL 147362
CourtUnited States Court of Appeals for Veterans Claims
DecidedJuly 1, 1992
DocketNo. 90-709
StatusPublished
Cited by20 cases

This text of 2 Vet. App. 512 (Sheets v. Derwinski) 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
Sheets v. Derwinski, 2 Vet. App. 512, 1992 U.S. Vet. App. LEXIS 163, 1992 WL 147362 (Cal. 1992).

Opinion

IVERS, Associate Judge:

Appellant, Rosaline G. Sheets, widow of veteran Rudolph C. Sheets, appeals a March 19, 1990, Board of Veterans’ Appeals (BVA or Board) decision which denied service connection for her husband’s death. We find that the Board erred in concluding, contrary to regulations of the Department of Veterans Affairs (formerly Veterans’ Administration) (VA) that are relevant to this case, that lay evidence which is not supported by clinical evidence provides no basis on which to establish service connection. In addition, the Board erred in not applying the doctrine of reasonable doubt to this case, and it failed in its duty to assist the veteran’s widow. Accordingly, we vacate the decision of the BVA and remand the case for readjudication consistent with this opinion.

FACTS

The veteran served during World War II in the U.S. Army from February 1943 to November 1945. He was a combat infantry officer, and his commendations and decorations included the Combat Infantryman’s Badge, the Silver Star Medal, and the European, African and Middle Eastern Campaign Medal with two Battle Stars. R. at 1. His separation examination was negative for any psychiatric abnormality. R. at 5. In September 1950, the veteran attempted to reenlist in the Army but was disqualified because of chronic nephritis (inflammation of the kidney). R. at 8, 53. In March 1951, the veteran was hospitalized for several days for a bleeding peptic ulcer. R. at 35-51. The hospital reports reveal a five-year history of gnawing epi-gastric pain aggravated by stress. R. at 50, 53. In May 1951, he reported during a VA examination that he suffered from, inter alia, depression, excessive worry, trouble sleeping, sleepwalking, indigestion, stomach trouble, and a duodenal ulcer. R. [514]*514at 11-12. That examination report also showed that he had experienced an incident of epigastric pain and diarrhea while serving in Italy in 1944. R. at 53. The diagnosis was duodenal ulcer, treated, improved. R. at 54.

In September 1971, Mr. Sheets committed suicide. R. at 17. In 1987, Mrs. Sheets filed a claim for service connection for her husband’s death. Mrs. Sheets contended that her husband’s death was the result of post-traumatic stress disorder (PTSD) from which she claimed he suffered as a result of his military combat experiences. R. at 22. In support of her claim, Mrs. Sheets submitted evidence, mostly in the form of lay statements of friends and relatives, describing Mr. Sheets’ behavior. The behavior described is characteristic of many of the symptoms of PTSD. See Department of Veterans Affairs Adjudication Procedure Manual, Manual M21-1, para. 50.45b (regarding the essentials of diagnosis of PTSD). Included in the statements were descriptions of Mr. Sheets’ isolation from neighbors and relatives, his violent anger, his nightmares about combat, his guilt over losing half of the men under his command, and his avoidance of reminders of his war experiences. R. at 56-60, 63-74. A doctor who had treated Mr. Sheets shortly before his death in 1971 stated that the veteran reported feeling depressed and despondent but that the veteran had attributed his depression to pressures on his job. R. at 26. Mrs. Sheets contended that it was much easier for her husband to tell the doctor that he was experiencing stress as a result of job pressure rather than as a result of his military experiences. R. at 19.

In addition, Mrs. Sheets submitted evidence of the combat experiences of her husband that she argues constitutes the kind of “stressors” that precipitate PTSD. R. at 18-21, 24-25, 28-33; see also Informal Br. of Appellant at third and fourth unnumbered page, answer to question # 2. This evidence included letters and diary entries of the veteran in which he described “the continual, grueling, grind ... and the tough labor and hardships of combat.” R. at 28-33. The evidence also included a description of the combat incident which led to his winning the Silver Star. R. at 18-21. Moreover, the record reveals that the veteran was sent home for “recuperation, rehabilitation, and recovery” in April 1945 for a period of 45 days which was later extended. R. at 81-100.

ANALYSIS

Lay Evidence of Service Connection under 38 U.S.C. § 1154(b) and 38 C.P.R. § 3.304(d).

The BVA reviewed the evidence in this case and concluded the following:

... the evidence does not clinically document any psychiatric disorder related to the veteran’s period of service. We have carefully reviewed the affidavits of record, but these lay statements have not been supported by clinical evidence of a psychiatric disability, including post-traumatic stress disorder. We therefore regretfully find no substantial basis on which to conclude that the veteran’s suicide was a result of a psychiatric disorder related to his period of active duty.

Rosaline G. Sheets, BVA 90-37158, at 3 (Mar. 19, 1990). The conclusion by the Board that lay evidence alone is insufficient to establish service connection is not in accordance with the law, and the BVA erred in not applying 38 U.S.C. § 1154(b) (formerly § 354(b)) and its accompanying regulation, 38 C.F.R. § 3.304(d) to this case. Section 1154(b) provides as follows:

In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the United States during a period of war, campaign, or expedition, the Secretary [of Veterans Affairs (Secretary) ] shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incur-rence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of [515]*515such injury or disease may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full.

38 U.S.C. § 1154(b) (emphasis added). Section 3.304(d) reiterates that satisfactory lay evidence alone will be accepted as sufficient proof of service connection:

Combat. Satisfactory lay or other evidence that an injury or disease was incurred or aggravated in combat will be accepted as sufficient proof of service connection if the evidence is consistent with the circumstances, conditions or hardships of such service even though there is no official record of such incur-rence or aggravation.

38 C.F.R. § 3.304(d) (1991) (emphasis added).

The Secretary argues that the lay evidence and the veteran’s combat record were considered by the BVA but that the lack of any clinical evidence of diagnosis or treatment for psychiatric disability “rebutted any inference of service connection which could have been drawn from the lay statements.... ” Motion of Appellee at third unnumbered page.

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Bluebook (online)
2 Vet. App. 512, 1992 U.S. Vet. App. LEXIS 163, 1992 WL 147362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheets-v-derwinski-cavc-1992.