Davidson v. Shinseki

Grant Davidson was a United States Army veteran who served from 1967 to 1972, including in combat during the Vietnam War. Medical records established that Davidson suffered from anxiety during his service. In 1973, Davidson drowned in a swimming pool. The death certificate indicated that his death was accidental, but his widow, Bertha Davidson (plaintiff) believed that his death was a suicide. In 1975, Mrs. Davidson brought a claim for survivors’ benefits to the Department of Veterans Affairs (VA) (defendant), alleging that Davidson’s death was service connected as a suicide caused by the psychiatric condition that began during his service. The VA denied her claim, and the denial was upheld by the Board of Veterans’ Appeals (the board). Mrs. Davidson petitioned to reopen her claim in 1999. After the case was reopened, a VA psychiatrist opined that it was not likely that Davidson’s psychiatric disability caused or contributed to his death. Mrs. Davidson, however, provided lay testimony about her husband’s mental disorder and her belief that he committed suicide. The board held that Mrs. Davidson’s testimony was not competent regarding the medical issue of the cause of Davidson’s death and that his death was not service connected and denied her claim. Mrs. Davidson appealed to the United States Court of Appeals for Veterans Claims (the veterans court). The veterans court upheld the board’s decision, holding that Mrs. Davidson’s lay testimony was not competent and that only medical evidence could establish a nexus between Davidson’s death and his in-service psychiatric condition. Mrs. Davidson appealed.