Morris v. Shinseki, No. 11-7061 (Fed. Cir. 2012)
Annotate this CaseMorris served on active duty for two months in 1964. His entrance examination and examination upon separation revealed no psychiatric abnormality. In 1966 Morris sought disability compensation for a psychiatric disorder, claiming that in basic training, he had suffered abuse from his sergeant, which caused him to experience nervous breakdown. The VA Regional Office denied the claim. In 1986, the RO concluded that additional evidence did not constitute new and material evidence. Following another denial, Morris presented evidence that he had been diagnosed with schizophrenia and a VA physician's opinion that it had its onset during service. The Board denied the claim. On remand in 1992, the Board concluded that evidence supported the claim but that its 1988 decision was final. In 1993, the RO awarded service connection for schizophrenia effective from 1987. In 1996, the Board denied a claim that the award should be retroactive to 1966. The Veterans Court rejected an argument that the 1988 Board failed to apply correctly 38 U.S.C. 105(a), 1110, and 1111, noting no evidence that the Board incorrectly considered his condition a personality disorder. The Federal Circuit affirmed. Under 38 C.F.R. 3.303(c), personality disorders are not diseases or injuries within the meaning of 1110 and are not compensable.
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