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Akles v. Derwinski

1 Vet. App. 118 (1991)

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Akles v. Derwinski

United States Court of Appeals for Veterans Claims
1 Vet. App. 118 (1991)

CS

Facts

Newman Akles (plaintiff) contracted mumps while on active duty and suffered complete atrophy of his left testicle as a side effect of the disease. This disability was determined by the Department of Veterans Affairs (VA) (defendant) to be service connected but noncompensable under the VA’s disability-rating system. Akles later sought to have his claim reopened by the VA due to increased pain, but he did not provide sufficient clinical evidence to support the claim. The VA failed to order a medical examination, instead merely holding that in the absence of clinical evidence Akles’s disability must still be considered noncompensable. Unbeknownst to Akles, he may have been separately eligible for special compensation under a different benefit, even if his disability was otherwise noncompensable. The VA, however, failed to inform Akles of this special compensation or to consider it. Akles appealed the VA’s decision to the Board of Veterans’ Appeals (the board). The board also failed to order a physical examination, failed to consider the special-compensation option, and upheld the VA’s decision that Akles’s petition to reopen his claim must be denied for insufficient evidence. Akles appealed the board’s decision.

Rule of Law

Issue

Holding and Reasoning (Farley, J.)

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