Shea v. Wilkie

During Kerry Shea’s (plaintiff) service in the US Air Force, Shea was treated for adjustment disorder, anxiety, and depression. Shea was in an in-service truck accident that resulted in serious injuries and exacerbation of Shea’s psychological condition. Shea filed with the Department of Veterans Affairs (VA) (defendant) a first application for service-connected disability benefits for injuries from the wreck that specifically described Shea’s physical injuries and dated the disability to the date of the wreck. Shea referenced treatment dates that also included treatment for psychological conditions including post-traumatic stress disorder (PTSD) and requested that the VA obtain all relevant medical records. A year later, the VA granted Shea a disability rating for the physical injuries only. Shea submitted a notice of disagreement because the VA had not assigned a disability rating for psychological disability. Shea subsequently filed a second disability application for PTSD, which was granted with an effective date of the second filing. Shea submitted a notice of disagreement, claiming that the effective date should be the same as for the first filing. Following an initial decision by the Board of Veterans’ Appeals (the board) rejecting Shea’s request, an appeal, and an agreed remand, the board changed the effective date to the date of the notice of disagreement Shea submitted after the first application because it constituted an informal claim for PTSD disability benefits. The board explained that the first filing did not include a claim for psychological disability. Shea appealed to the Court of Appeals for Veterans Claims, which affirmed the board’s decision. Shea appealed.