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Nieves-Rodriguez v. Peake

22 Vet. App. 295 (2008)

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Nieves-Rodriguez v. Peake

United States Court of Appeals for Veterans Claims
22 Vet. App. 295 (2008)

CS

Facts

Angel Nieves-Rodriquez (plaintiff) served on active duty in the United States Army from 1954 to 1956. While in service, he was treated for Guillain-Barre syndrome, a neurological disorder. In 1957, Nieves-Rodriquez was granted a service-connected disability for that disorder by the Department of Veterans Affairs (the VA) (defendant) rated at 10 percent. In 1995, Nieves-Rodriquez began being treated for major depressive disorder and again sought disability benefits from the VA, claiming that his depression was secondary to Guillain-Barre syndrome. In support of his claim, Nieves-Rodriquez submitted medical opinions from two private physicians who opined that his depression stemmed from the neurological condition. Nieves-Rodriquez was also examined twice by a VA psychiatrist, who found no link between the two conditions. The VA psychiatrist reviewed Nieves-Rodriquez’s entire VA claims file, but the two private physicians apparently did not. The VA denied the claim, and Nieves-Rodriquez appealed to the Board of Veterans’ Appeals (the board). The board upheld the denial, giving more weight to the VA physician’s medical opinion and discounting that of the private physicians, primarily because the VA physician’s opinion was informed by the claims file. Nieves-Rodriquez appealed.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

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