Parks v. Shinseki

Arnold Parks (plaintiff) was a Vietnam War veteran who had volunteered to participate in a classified project related to shipboard hazard defenses during his service. As part of this project, the military intentionally exposed Parks to three chemical-warfare agents. In 2000 and 2002, Parks sought service-connected-disability benefits for a number of conditions, claiming that they were secondary to his in-service chemical exposure. The Department of Veterans Affairs (the VA) (defendant) denied his claim, and Parks appealed to the Board of Veterans Appeals. During these proceedings, the VA began recognizing the potential health risks to veterans who had participating in that classified program, and it offered comprehensive medical examinations and treatment to such veterans. Parks was given the exams, and the VA appointed an advanced registered nurse practitioner (ARNP) to evaluate the medical evidence in Parks’s case. After reviewing the evidence, the ARNP opinioned that it was less likely than not that Parks’s disabilities were secondary to his in-service chemical exposure. The VA denied his claim, and Parks appealed to the board. The board upheld the denial, and Parks appealed to the United States Court of Appeals for Veterans Claims (the veterans court). In that appeal, Parks raised for the first time the allegation that the ARNP was not competent to provide medical evidence. The veterans court refused to consider this allegation because it had not been previously raised before the board, and the veterans court upheld the board’s decision. Parks appealed.