Herlehy v. West

I voted for a panel decision here because I believe that the appellant’s motion has demonstrated that one aspect of the Board of Veterans’ Appeals (Board or BVA) decision presents an issue that is neither simple nor not reasonably debatable under Frankel v. Derwinski 1 Vet.App. 23, 25-26 (1990).

First, the Board, in determining that the appellant was not entitled to an award pursuant to section 4.16(a) of title 38, Code of Federal Regulations, for a rating for total disability based on individual unemployability (TDIU) due to post-traumatic stress disorder (PTSD) for the period from 1986 to…