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Bardwell v. Shinseki

United States Court of Appeals for Veterans Claims
24 Vet. App. 36 (2010)

Written by Carolyn Strutton, JD

Facts

James Bardwell (plaintiff) was on active duty in the United States Navy for two months, from November 1944 to January 1945. In 2001, Bardwell submitted a claim for disability benefits for a vision disability to the Department of Veterans Affairs (the VA) (defendant). Bardwell claimed that his vision disability was service connected because he had been exposed to a toxic chemical gas during his military training that had caused burning and damage to his eyes and that his eyesight had begun to deteriorate after that event. After an extensive search, however, the VA was unable to uncover any records indicating that Bardwell had suffered such an exposure during his service. The VA denied Bardwell’s claim, and Bardwell appealed to the Board of Veterans’ Appeals (the board). The board upheld the denial, holding that Bardwell’s testimony of an in-service chemical exposure was not credible, given that it was entirely undocumented in service and medical records and given the short duration of his service. Bardwell appealed, alleging that the board had erred in not ordering a medical examination for him under the requirements of 38 C.F.R. § 3.159(c)(4)(i).

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Holding and Reasoning (Hagel, J.)

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