Bryant v. Shinseki

Walter Bryant (plaintiff) served in the United States Army from 1943 to 1946 and from 1950 to 1951. In 2005, Bryant filed a claim with the Department of Veterans Affairs (the VA) (defendant) for service-connected-disability benefits for hearing loss, tinnitus, carcinoma, and frostbite. The medical evidence in record concluded that Bryan did not have frostbite and that although he did have hearing loss and tinnitus, these disabilities were not connected to his service. There was also evidence regarding treatment for carcinoma, but no evidence addressing the issue of service connection for that disability. The VA denied all of his claims, because the record either failed to show Bryant currently had a claimed condition or failed to show a service connection. Bryant appealed the VA’s decision to the Board of Veterans’ Appeals (the board) and requested a hearing before a board member. During the hearing, the hearing officer reviewed the four medical conditions that were in question but did not review the fact that proof of current disability or a nexus to service were the outstanding material issues required to substantiate the claims. The hearing officer also failed to suggest any evidence that the veteran might have overlooked and should submit. The board eventually upheld the denials of all benefits, and Bryant appealed.