26 Vet. App. 18
Vet. App.2012Background
- Cline appeals a Board decision granting PTSD benefits with an initial 70% rating, effective May 6, 1999, but not earlier.
- Cline had a 1993 claim for PTSD and later sought to reopen in 1999; stressor involved a drowned fellow soldier named Butch/Robert Clifton.
- In 2005–2006 VA corroborated the stressor with Center for Unit Records Research and grants followed, leading to a 30% rating in 2006, then 50% effective May 6, 1999 and 70% from 2007.
- The Board concluded amendments to § 3.156(c) (2006) apply retroactively as to subsection (c)(2), denying an earlier effective date.
- The Court held that amended § 3.156(c)(2) cannot be retroactively applied; remands for readjudication on the proper effective date.
- On the disability rating issue, the Board’s 70% rating was affirmed; the Court found no clearly erroneous application of § 4.3 and § 4.7.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether amended § 3.156(c)(2) applies retroactively to bar earlier date | Cline argues retroactive bar wrongfully denied earlier date. | Secretary contends amended § 3.156(c)(2) correctly applied post-2006 to deny earlier date. | Retroactive application rejected; remand for readjudication on date |
| Whether the Board properly applied PTSD disability rating criteria | Cline asserts 3 GAF scores under 50 support 100% rating. | Secretary argues the Board correctly weighed evidence and applied ratings. | Board's rating affirmed; no clear error in weighing evidence |
Key Cases Cited
- Vigil v. Peake, 22 Vet.App. 63 (2008) (examines § 3.156(c) applicability to service records)
- Mayhue v. Shinseki, 24 Vet.App. 273 (2011) (discusses retroactivity and § 3.156(c))
- Princess Cruises, Inc. v. United States, 397 F.3d 1358 (Fed. Cir. 2005) (three-factor retroactivity test for regulations)
- Avoyelles Sportsmen’s League, Inc. v. Marsh, 715 F.2d 897 (5th Cir.1983) (distinguishes substantive vs interpretative rules)
- Landgraf v. USI Film Prod., 511 U.S. 244 (Supreme Court 1994) (three-factor retroactivity framework)
- Bowen v. Georgetown Univ. Hosp., 488 U.S. 204 (Supreme Court 1988) (favoring non-retroactivity absent clear language)