Leonard Beraud v. Eric K. Shinseki

I respectfully dissent because the majority wrongly limits the effect of 38 C.F.R. § 3.156(b) and the Board’s failure to address whether § 3.156(b) warrants an earlier effective date of benefits prejudiced Mr. Beraud. Section 3.156(b), “Pending claim, ” indicates that pendency of a claim continues until the requisite new and material evidence is considered. Here, the veteran’s Naval Reserve medical records referenced in his 1985 submission appear to be yet unobtained. See R. at 1852-53 (1990 rating decision showing that the new evidence considered consisted solely of 1989 VA outpatient…