Dickens v. McDonald, No. 15-7022 (Fed. Cir. 2016)
Annotate this CaseIn 1998, Dickens filed a claim for PTSD caused by in-service events, stating that he received a Purple Heart and Bronze Star in connection with these events. His file was never located despite extensive searching. Dickens passed away in 2006 while his claim was pending, and Mrs. Dickens sought accrued benefits. In 2011, she testified that she did not know what had happened to her husband’s proof of a Purple Heart. In 2012, the Board of Veterans Appeals denied the claim, finding no evidence that Dickens was involved in combat during his military service. On remand, in 2013, the Board denied the claim, again finding insufficient evidence to establish that Dickens engaged in combat. Mrs. Dickens argued that the VA violated its duty to assist her with her claim because the Board hearing officer failed to suggest that she seek a copy of Mr. Dickens’s service records 2011. The Veterans Court rejected that argument and affirmed the denial, noting that if Mrs. Dickens believed that the hearing officer committed an error, she should have included that issue in the 2012 joint motion for partial remand. The Federal Circuit affirmed, citing principles of issue exhaustion.
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