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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
EUGENE KELLER, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before TOTH, Judge.
Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.
TOTH, Judge: Eugene Keller appeals an August 2018 Board decision that denied service
connection for an acquired psychiatric disorder, including PTSD and a personality disorder. In denying the veteran’s claim, the Board primarily relied on a 2017 VA examination report that found that the veteran’s symptoms could not be realistically assessed because he was “highly evasive and likely not credible.” R. at 39. The veteran challenges the adequacy of the 2017 examination. An examination report is inadequate when an examiner makes factual findings or legal determinations in the first instance. Sizemore v. Principi, 18 Vet.App. 264, 275 (2004). And it is the Board’s duty
as a factfinder to assess the weight and credibility of evidence. Arneson v. Shinseki, 24 Vet.App. 379, 382 (2011). Because the examiner impermissibly assessed the veteran’s credibility, the examination report is inadequate. Therefore, the Court remands.
Mr. Keller served in the Navy from August 1964 to December 1967, including time in
Vietnam. Much of his time in Vietnam was spent aboard the U.S.S. Galveston II conducting search
and rescue operations and providing gunfire support and air defense in the South China Sea. During
that time, Mr. Keller witnessed bombardments of offshore and onshore targets in Vietnam. He
reported that, after one of these events, he began experiencing nightmares, vomiting, and a loss of
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Single Judge Application; Sizemore v. Principi, 18 Vet.App. 264, 275 (2004); When an examiner makes factual findings or legal determinations in the first instance, a new medical examination may be warranted to "remove whatever taint there may be from [the examiner's] overreaching.";
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-3495EUGENE KELLER, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before TOTH, Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent.TOTH, Judge: Eugene Keller appeals an August 2018 Board decision that denied serviceconnection for an acquired psychiatric...