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Clemons v. Shinseki

23 Vet. App. 1 (2009)

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Clemons v. Shinseki

United States Court of Appeals for Veterans Claims
23 Vet. App. 1 (2009)

CS

Facts

William Clemons (plaintiff) served in the United States Navy from 1951 to 1958. His service included firing guns at the enemy, and contact with the bodies of deceased American servicemen, during the Korean War. His service medical records showed that he was treated for anxiety during his service. In 2002, Clemons filed a claim with the Department of Veterans Affairs (the VA) (defendant) for benefits for a psychiatric disorder, which he self-identified as posttraumatic stress disorder (PTSD). VA medical examinations found that Clemons suffered from a schizoid personality disorder and an anxiety disorder with PTSD features. The VA denied his claim, and Clemons appealed to the Board of Veterans’ Appeals (the board). The board upheld the denial, finding that the record did not confirm a diagnosis of PTSD, but rather that Clemons had a different psychiatric disorder. The board failed to consider the nature or symptomology, or the possibility of any service connection, for this psychiatric disorder. Clemons appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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