Mattox v. McDonough, No. 21-2175 (Fed. Cir. 2023)
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Mattox served in the Navy from 1967-1971, including on a vessel in the waters of Vietnam. In 2015, Mattox sought disability benefits with a service connection for PTSD. He submitted the diagnosis by a private doctor. A VA psychologist concluded that Mattox did not present “a diagnosis of PTSD according to the DSM-5 diagnostic criteria” but that Mattox suffered from moderate alcohol and cannabis use disorder, which explained his depression, anxiety, and irritability. Mattox had indicated that he used cannabis “about daily.” The Board of Veterans’ Appeals and the Veterans Court affirmed the denial of Mattox’s claim.
The Federal Circuit affirmed. Mattox’s appeal to the Board was not subject to the Veterans Appeals Improvement and Modernization Act of 2017, 131 Stat. 1105 (AMA); Mattox was not prejudiced by the Board’s failure to provide him with a notice of its decision that met the requirements of 38 U.S.C. 5104(b), as amended by the AMA. The Board did not err in concluding that the benefit-of-the-doubt rule, 38 U.S.C. 5107(b), did not apply because, although a veteran is entitled to the benefit of the doubt “where the evidence is in approximate balance,” it found that, in Mattox’s case, “the preponderance of the evidence” was against his claim for service connection.
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