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Federal Circuit unpublished decision that is notable for finding that a second NOD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What is really notable about this unpublished decision is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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