Shade v. Shinseki
United States Court of Appeals for Veterans Claims
24 Vet. App. 110 (2010)
- Written by Carolyn Strutton, JD
Facts
William Shade (plaintiff) served in the United States Army from 1965 to 1967 and was treated for dermatitis during his service. In 2000 he submitted a claim for a service-connected disability for a skin disorder to the Department of Veterans Affairs (the VA) (defendant). The VA eventually denied his claim for lack of evidence of a current condition and lack of a nexus to his service. In 2006, Shade sought to have the VA reopen his claim, on the basis of new evidence from a private physician showing a current diagnosis for dermatitis. The VA refused to reopen the case because there still was no evidence of a service connection. Shade appealed to the Board of Veterans’ Affairs (the board). The board upheld the VA’s refusal to reopen, finding that Shade had failed to provide new and material evidence that was sufficient to warrant reopening the claim, because the new evidence still failed to address the nexus issue. Shade appealed.
Rule of Law
Issue
Holding and Reasoning (Moorman, J.)
Concurrence (Lance, J.)
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