Link to original post
Designated for electronic publication only
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
DOUGLAS C. BREWER, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before SCHOELEN, Senior Judge.1
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
SCHOELEN, Senior Judge: The appellant, Douglas C. Brewer, through counsel, appeals
a January 15, 2019, Board of Veterans’ Appeals (Board) decision that denied an effective date
earlier than March 29, 2007, for the grant of service connection for post-traumatic stress disorder
(PTSD). Record (R.) at 4-12. Because the Board failed to provide adequate reasons or bases for
its decision, the Court will vacate the January 2019 Board decision and remand the matter for
further adjudication consistent with this decision.
Mr. Brewer served in the U.S. Coast Guard from September 1970 to March 1975. R. at
While in service, he was subject to a court-martial for being absent from his duties without
leave (AWOL). R. at 347, 351. He was convicted of a violation of the Uniform Code of Military
Justice, sentenced to perform hard labor without confinement for 60 days, and discharged under
honorable conditions. R. at 372, 1515.
1 Judge Schoelen is a Senior Judge acting in recall status. In re: Recall of Retired Judge, U.S. VET. APP. MISC.
ORDER 04-20 (Jan. 2, 2020).
In June 2004, the appellant submitted a disability compensation claim for, among other
things, PTSD. R. at 1948. A May 11, 2005, rating decision denied the claim. R. at 1624-32. The
appellant filed a Notice of Disagreement, but did not perfect his appeal, and the decision became
final. R. at
Read the full thread below
Single Judge Application; 38 C.F.R. § 3.400(q)(2), (r); however, different rules apply when the evidence newly presented to VA consists of service department records; Subsection (c) of § 3.156 provides: Notwithstanding any other section in this part, at any time after VA issues a decision on a claim, if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding paragraph (a) of this section;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-3046DOUGLAS C. BREWER, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before SCHOELEN, Senior Judge.1MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a),this action may not be cited as precedent.SCHOELEN, Senior Judge: The appellant, Douglas C.