Jones v. Shinseki
United States Court of Appeals for Veterans Claims
23 Vet. App. 382 (2010)
- Written by Carolyn Strutton, JD
Facts
Michael Jones (plaintiff) was a Vietnam War veteran who served on active duty from 1964 to 1967. Jones was granted a service-connected disability for diabetes by the Department of Veterans Affairs (the VA) (defendant). In 2006, Jones applied for another service-connected disability for erectile dysfunction, claiming that the condition was caused by the medication he took for his diabetes. Jones was examined by a VA physician, who confirmed the diagnosis but stated that he could not determine the cause of Jones’s erectile dysfunction without resorting to mere speculation. The VA physician’s report did not provide an adequate explanation for this conclusion, identify any other tests that might be informative, or confirm that he had exhausted the limits of current medical knowledge in making the determination. The VA denied Jones’s claim, and Jones appealed to the Board of Veterans’ Appeals (the board). The board upheld the denial, finding that there was no medical evidence establishing a nexus between the current condition and Jones’s diabetes. Jones appealed.
Rule of Law
Issue
Holding and Reasoning (Davis, J.)
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