"It is the duty of the people to care for him who shall have borne the battle, his widow, and orphan."
-Abraham Lincoln

Tuesday, March 1, 2016

Stewart: A Long Strange Trip or Why IBS is a Stomach Disability


Stewart v. McDonald, Opinion Number 2014-7110 is a Federal Circuit unpublished decision that is notable for finding that a second NOD was not required after a denial specifically for IBS when in fact the issue of a stomach problems was already before the Board.

What is really notable about this unpublished decision is the detailed history offered by the Court.  It states “The above description of this veteran’s travails through the VA process—a description which for the sake of readability nevertheless leaves out much detail—well illustrates the problems a veteran faces when trying to navigate the complex rules and procedures that exist.  Here the veteran in the course of making a claim for benefits and seeking to have it adjudicated fairly had pieces of it dealt with by three difference regional offices—Muskogee, O.K., Winston-Salem, N.C., and Columbia, S.C.  Each RO proceeded to address the specific question they understood was before them, and each made various rulings, often accompanied by letters to the effect that other matters were still under consideration.”

For all of those struggling, know at least some judges at the Federal Circuit understand Kafkaesque nature of the VA appeals system.


Decision by Judge Plager and joined by Judge O’Malley.  Dissent by Judge Bryson, though he would still have remanded.

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