Menegassi v. Shinseki
2011 U.S. App. LEXIS 8166
| Fed. Cir. | 2011Background
- Ms. Menegassi served in the U.S. Marine Corps (1982–1989).
- She claimed PTSD stemming from an in-service sexual assault in Japan in 1984.
- The Board denied service connection after reviewing in-service records and post-service evidence under 38 C.F.R. § 3.304(f)(5).
- The Veterans Court held that a post-service mental health examination cannot prove an in-service stressor, citing Cohen v. Brown.
- This court held that medical opinion evidence may be used to corroborate the occurrence of a stressor under § 3.304(f)(5) and affirmed overcoming the Veterans Court’s error as harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3.304(f)(5) allows medical opinion evidence to corroborate a stressor. | Menegassi argues medical opinion evidence can corroborate a stressor. | Shinseki concedes the Veterans Court erred but argues the error was harmless. | Yes; medical opinion evidence may corroborate the stressor under § 3.304(f)(5). |
| whether the Veterans Court’s exclusion of post-service medical opinion is lawful. | Menegassi contends the Veterans Court erred in excluding post-service opinion. | Government defends the Veterans Court interpretation as part of normal evidentiary use. | The Veterans Court erred; medical opinion evidence is admissible under § 3.304(f)(5). |
| Whether the Board’s handling of the evidence was harmless error. | Harmless error analysis should not be undertaken due to disputed credibility findings. | Harmless error analysis is permissible and the Board appropriately weighed evidence. | The error was harmless; the Board properly applied § 3.304(f)(5) to the record. |
| Whether the Veterans Court’s legal error should be remanded for proper application of the standard. | Remand is needed to apply the correct standard to the examiner’s opinion. | Court can affirm on harmless error without remand. | No remand required; the judgment is affirmed on harmless error grounds. |
Key Cases Cited
- Cohen v. Brown, 10 Vet.App. 128 (1997) (limits of medical opinions to establish stressors not sole proof of occurrence)
- Summers v. Gober, 225 F.3d 1293 (Fed.Cir. 2000) (jurisdictional limits on reviewing Veteran Court factual determinations)
- Thun v. Shinseki, 572 F.3d 1366 (Fed.Cir. 2009) (agency interpretation of its regulations with deference under Auer)
- D'Amico v. West, 209 F.3d 1322 (Fed.Cir. 2000) (harmless error analysis requires factual determinations if necessary)
- Wood v. Peake, 520 F.3d 1345 (Fed.Cir. 2008) (harmless error framework for reviewing Veterans Court judgments)
- Szemraj v. Principi, 357 F.3d 1370 (Fed.Cir. 2004) (foundations for harmless error assessment in appellate review)