Carroll v. McDonald

Carroll v. McDonald, 767 F.3d 1368 (Sept. 24, 2014)

DIC, REMARRIAGE AFTER AGE 57

Held: The 2003 statutory amendment that authorized Dependency and Indemnity Compensation (DIC) benefits for surviving spouses who remarry after age 57 included a provision that created a temporary window of eligibility for those who had been previously ineligible for these benefits. 767 F.3d at 1372.

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Beraud v. McDonald

Beraud v. McDonald, 766 F.3d 1402 (Sept. 12, 2014)

38 C.F.R. § 3.156(b); PENDING CLAIM

Held: VA is required, under 38 C.F.R. § 3.156(b), to expressly determine whether evidence submitted during the one-year appeal period is new and material – and its failure to do so renders the underlying claim nonfinal, despite a subsequent final decision on the same issue. 766 F.3d at 1407. VA is not entitled to the presumption that the records were considered when there is no evidence that the records were even obtained. Id. at 1406-07. 

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Joyner v. McDonald

Joyner v. McDonald, 766 F.3d 1393 (Sept. 12, 2014)

38 U.S.C. § 1117; PAIN CAN ESTABLISH UNDIAGNOSED ILLNESS

Held: “[T]he plain language of [38 U.S.C.] § 1117 makes clear that pain, such as muscle pain or joint pain, may establish an undiagnosed illness that causes a qualifying disability.” 766 F.3d at 1395. The statute does not require the veteran to provide evidence showing that a medical professional has eliminated all possible diagnoses. Id.

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Young v. McDonald

Young v. McDonald, 766 F.3d 1348 (Sept. 8, 2014)

38 C.F.R. §§ 3.156(c), 3.304(f); PTSD, EFFECTIVE DATE

Held: In order to determine the date entitlement to service connection for PTSD arose, within the meaning of 38 C.F.R. § 3.156(c), it is necessary to look at § 3.304(f), which requires a medical diagnosis. 766 F.3d at 1352.

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Todd v. McDonald

Todd v. McDonald, 27 Vet.App. 79 (Sept. 3, 2014)

TDIU, EXTRASCHEDULAR CONSIDERATION

Held: TDIU requires an individualized assessment. VA can rely on a medical opinion that discusses the individual’s disability, as well as generalizations about that disability, as long as it does not rely solely on the generalizations. 

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