Keith A. Roberts v. Eric K. Shinseki

I concur in the majority’s analysis of the appellant’s PTSD claim. However, I must dissent from part III.E of the majority’s opinion, which vacates the Board’s decision as to the appellant’s claims for dysthymia and depression and remands them for re-adjudiction on a direct basis even though they had previously been granted only as secondary to PTSD. The appellant was ably represented by experienced counsel from the National Veterans Legal Services Program who filed a 30-page brief laying out numerous arguments on appeal. However, the only basis that counsel advanced for remanding these two…