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Ingram v. Nicholson

21 Vet. App. 232 (2007)

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Ingram v. Nicholson

United States Court of Appeals for Veterans Claims
21 Vet. App. 232 (2007)

CS

Facts

Robert Ingram (plaintiff) served in the United States Marine Corps from 1964 until 1968. In 1985 he had surgery to remove his right lung at a Department of Veterans Affairs (the VA) (defendant) medical center. In 1986, Ingram filed an application for benefits with the VA under a theory of total disability based on individual unemployability (TDIU), a type of rating that grants total disability benefits for a veteran who is unable to secure substantially gainful employment as a result of his disabilities and who also meets certain other criteria. The VA denied his claim, and Ingram did not appeal the decision. In 1992, Ingram again applied for benefits with the VA, but under a different statutory category, 38 U.S.C. § 1151, based on negligence in his VA medical care. After more than a decade of legal proceedings, Ingram was eventually granted compensation benefits by the Board of Veterans’ Appeals (the board), dating back to 1992. Ingram appealed the effective date, alleging that these benefits should date back to his original application in 1986 because the § 1151 had been implicitly raised but not addressed by the VA at that time. The appeal raised various jurisdictional issues related to whether all of Ingram’s prior claims had in fact been adjudicated or remained pending.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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