Opinion

Dodge v. Brown

  • 5 Vet. App. 6
  • 1993 U.S. Vet. App. LEXIS 124
  • 1993 WL 95622
Court
United States Court of Appeals for Veterans Claims
Filed
Apr 2, 1993
Status
Published
On the bench
Kramer, Mankin, Steinberg
Cited by
0 cases

The opinion

ORDER

PER CURIAM.

On February 1, 1993, 4 Vet.App. 413 the Court, in a single-judge memorandum decision, granted the Secretary of Veterans Affairs motion for summary affirmance, of a Board of Veterans’ Appeals decision which, inter alia, denied an increased rating for post-traumatic stress disorder (PTSD). On March 1, 1993, appellant filed a motion for review by a three-judge panel. Appellant argues that the memorandum decision failed expressly to address his argument that 38 C.F.R. § 4.131 (1992) provides for a minimum rating of 50% and a mandatory examination six months from discharge where a mental disorder is sufficiently severe to warrant discharge from service. Appellant’s motion for review had attached to it certain pages from appellee’s motion for summary affirmance. These pages indicate that appellant’s discharge did not show mental disorders due to psychic trauma so as to come within the purview of 38 C.F.R. § 4.131 . In addition, the effective date of appellant’s service connection for PTSD was October 28, 1987, almost 10 years since his last discharge, a situation again not within the purview of 38 C.F.R. § 4.131 .

Appellant does not point to any error in fact or law that warrants review of the single-judge decision. Upon consideration of the foregoing, it is

ORDERED that appellant’s motion for review is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.