Shedden v. Principi

Jerry Shedden (plaintiff) was an active-duty Marine from 1968 to 1972. After leaving service, Shedden filed multiple claims with the Department of Veterans Affairs (VA) (defendant) for disability compensation for psychiatric disorders, including post-traumatic stress disorder (PTSD). All of Shedden’s claims were denied by the VA at the initial level. Shedden eventually appealed one of the denials to the Board of Veterans’ Appeals (BVA), alleging that new and material evidence existed and that his claims should therefore be reopened. The BVA held that there was no evidence supporting a finding that Shedden had acquired a psychiatric disorder during service, or at a point related to his service, or that he suffered from PTSD and therefore denied his claim. Approximately six years later, Shedden again filed a claim to the BVA, alleging that the previous BVA decision had included a clear and unmistakable error, because the decision had failed to recognize a statutory presumption of service connection for a psychiatric condition he suffered during active duty, as required under 38 U.S.C. § 105(a). The BVA again rejected Shedden’s claims and further held that § 105(a) did not create such a statutory presumption. Shedden appealed the decision to the United States Court of Appeals for Veterans Claims, which upheld the BVA’s decision, holding that there was no statutory presumption, and also that Shedden had failed to establish that he had suffered a psychiatric condition during active service. Shedden then appealed to the United States Court of Appeals for the Federal Circuit.