Morris v. SHINSEKI
2012 U.S. App. LEXIS 9795
Fed. Cir.2012Background
- Morris served on active duty in 1964; his entry and separation exams were normal for psychiatric illness, but he reported nervous symptoms.
- 1966 VA claim denied, finding his condition preexisted and was not incurred in service.
- 1988 Board denied service connection for an acquired psychiatric disorder, deeming any symptoms as a personality disorder not eligible for compensation.
- 1990s evidence led to Board reopening and eventually granting service connection for schizophrenia, with retroactive effects.
- 1996 Board denied CUE regarding the 1966/1988 decisions; 2004–2008 Board decisions denied CUE; Veterans Court affirmed; this Court affirms the Veterans Court’s ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1988 Board decision contained CUE | Morris asserts 1988 error by misapplying 3.303(c) and 1111. | Shinseki contends no CUE; 3.303(c) excludes personality disorders from compensation. | No CUE found; 1988 decision properly applied 3.303(c). |
| Whether 3.303(c) can defeat 1111 presumption for a personality disorder | Presumption of soundness under 1111 should neutralize inservice personality-disorder finding. | 1111 presumption does not apply to personality disorders under 3.303(c). | Presumption of soundness does not apply to personality disorders; 3.303(c) controls. |
| Whether 1111 presumption of soundness is relevant when a personality disorder is diagnosed | If no pre-service disability noted, 1111 should apply to show preservice origin. | Disorder not compensable under 3.303(c); 1111 not triggered. | 1111 not applicable to personality disorders; 1988 denial not tainted. |
| Whether Terry v. Principi governs the outcome here | Terry supports requiring 1111 presumption to rebut pre-service condition. | Terry supports that personality disorders are not compensable and thus not within 1110/1111 scope. | Terry aligned with the outcome; 3.303(c) controls. |
Key Cases Cited
- Terry v. Principi, 340 F.3d 1378 (Fed.Cir. 2003) (regulation 3.303(c) and presumption framework)
- Winn v. Brown, 8 Vet. App. 510 (Veterans App. 1996) (presumption of soundness not available for personality disorders)
- Conley v. Peake, 543 F.3d 1301 (Fed.Cir. 2008) (personality disorders are congenital defects not compensable under 3.303(c))
- Shedden v. Principi, 381 F.3d 1163 (Fed.Cir. 2004) (framework for entitlement under 1110/1111)
- Forshey v. Principi, 284 F.3d 1335 (en banc 2002) (jurisdiction and standard of review for Veterans Court decisions)
- Willsey v. Peake, 535 F.3d 1368 (Fed.Cir. 2008) (CUE standard for final VA decisions)