Shoulders v. Derwinski

Veterans Claims

Shoulders v. Derwinski

2 Vet. App. 90, 1992 U.S. Vet. App. LEXIS 10, 1992 WL 5316

CourtUnited States Court of Appeals for Veterans Claims

DecidedJanuary 16, 1992

DocketNo. 90-667

StatusPublished

This text of 2 Vet. App. 90 (Shoulders 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

Shoulders v. Derwinski, 2 Vet. App. 90, 1992 U.S. Vet. App. LEXIS 10, 1992 WL 5316 (Cal. 1992).

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Opinion

PER CURIAM:

Appellant, Gerry L. Shoulders, seeks review of a March 21, 1990, Board of Veterans’ Appeals (BVA) decision which refused to grant service connection for a chronic low back disorder, and also denied an increased disability rating for a psychotic disorder (major depression, currently rated at 10% under 38 C.F.R. § 4.132, Diagnostic Code 9207 (1991)). Gerry L. Shoulders, BVA 90-21043 (Mar. 21, 1990). The Court has jurisdiction of the case pursuant to 38 U.S.C. § 7252(a) (formerly § 4052(a)).

Upon consideration of the record, appellant’s informal brief, and appellee’s motion, it is the holding of the Court that appellant has not demonstrated that the BVA committed either legal or factual error which would warrant reversal or remand. The Court is also satisfied that the BVA decision satisfies the “reasons or bases” requirements of 38 U.S.C. § 7104(d)(1) (formerly § 4004(d)(1)), and the benefit of the doubt doctrine of 38 U.S.C. § 5107(b) (formerly § 3007(b)). See Gilbert v. Derwinski, 1 Vet.App. 49 (1990). Summary disposition is appropriate. See Frankel v. Derwinski, 1 Vet.App. 23 (1990).

The Secretary’s motion is GRANTED and the decision of the BVA is summarily AFFIRMED.

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PER CURIAM:

Appellant, Gerry L. Shoulders, seeks review of a March 21, 1990, Board of Veterans’ Appeals (BVA) decision which refused to grant service connection for a chronic low back disorder, and also denied an increased disability rating for a psychotic disorder (major depression, currently rated at 10% under 38 C.F.R. § 4.132, Diagnostic Code 9207 (1991)). Gerry L. Shoulders, BVA 90-21043 (Mar. 21, 1990). The Court has jurisdiction of the case pursuant to 38 U.S.C. § 7252(a) (formerly § 4052(a)).

Upon consideration of the record, appellant’s informal brief, and appellee’s motion, it is the holding of the Court that appellant has not demonstrated that the BVA committed either legal or factual error which would warrant reversal or remand. The Court is also satisfied that the BVA decision satisfies the “reasons or bases” requirements of 38 U.S.C. § 7104(d)(1) (formerly § 4004(d)(1)), and the benefit of the doubt doctrine of 38 U.S.C. § 5107(b) (formerly § 3007(b)). See Gilbert v. Derwinski, 1 Vet.App. 49 (1990). Summary disposition is appropriate. See Frankel v. Derwinski, 1 Vet.App. 23 (1990).

The Secretary’s motion is GRANTED and the decision of the BVA is summarily AFFIRMED.

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2 Vet. App. 90, 1992 U.S. Vet. App. LEXIS 10, 1992 WL 5316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shoulders-v-derwinski-cavc-1992.

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