Young v. Shinseki
United States Court of Appeals for Veterans Claims
25 Vet. App. 201 (2012) (en banc)
- Written by Carolyn Strutton, JD
Facts
William Young (plaintiff) was a veteran who applied for service-connected-disability benefits for posttraumatic stress disorder (PTSD) with the Department of Veterans Affairs (the VA) (defendant). During the processing of his claim, the evidence indicated that the symptoms he was experiencing were caused by generalized anxiety disorder, not PTSD. The VA denied his claim for PTSD benefits, and Young appealed to the Board of Veterans’ Appeals (the board). The board upheld the denial of the PTSD benefits but identified and referred the issue of entitlement for benefits for anxiety disorder back to the VA. Young appealed the board’s decision to the United States Court of Appeals for Veterans Claims (the veterans court). The veterans court issued a memorandum decision modifying the board decision from a referral to a remand for the issue of benefits for anxiety disorder and affirmed the decision as modified. Subsequently, however, during related proceedings for attorneys’ fees and expenses, a panel of the veterans court questioned whether it in fact had jurisdiction over the board’s decision to refer the issue to the VA.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
Dissent (Lance, J.)
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