Legal Opinion

Everett Emerson v. Robert A. McDonald

United States Court of Appeals for Veterans Claims

Decided August 10, 2016No. 14-2968PublishedCited by 2 opinions

1Opinion of the Court

BARTLEY, Judge:

Veteran Everett Emerson appeals through counsel a May 12, 2014, Board of Veterans’ Appeals (Board) decision that denied (1) an effective date earlier than August 23, 2010, for the award of service connection for post-traumatic stress disorder (PTSD) and (2) an initial PTSD disability evaluation in excess of 50%. Record (R.) at 3-22. 1 The veteran’s PTSD service-connection claim was initially denied in February 2003 but thereafter granted in June 2011 based upon an amendment to 38 C.F.R. § 3.304(f), which altered the requirements regarding verification of in-service stressors.…

2Cases cited38 opinions

  1. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  2. Kutscherousky v. WestUnited States Court of Appeals for Veterans Claims · 1999
  3. Caluza v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  4. Fletcher v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  5. Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995

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3Cited by2 opinions

  1. Anthony Huerta v. Denis McDonoughUnited States Court of Appeals for Veterans Claims · 2021
  2. Michael L. Chavis v. Denis McDonoughUnited States Court of Appeals for Veterans Claims · 2021

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