Bean v. McDonough, No. 22-1447 (Fed. Cir. 2023)
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Bean served in the U.S. Army from 1966-1969. In 1997, he sought disability compensation. Bean was diagnosed with major depression and generalized anxiety disorder, but not PTSD. The VA denied him entitlement to service connection for PTSD. In 2006, Bean sought service connection for major depression, generalized anxiety disorder, and PTSD. In response, the VA notified Bean that it was “working on [his] application for service-connected compensation” for major depression and generalized anxiety disorder and his “claim to reopen for” his PTSD-related claim. In 2007, he was diagnosed with PTSD and major depressive disorder. The VA found service connection for PTSD, deemed the PTSD 30% disabling, and assigned an August 2006 effective date. Bean filed a Notice of Disagreement, concerning the disability rating and effective date.
In 2012, the Board of Veterans Affairs addressed Bean’s rating. Bean sought reconsideration. In 2019, the Board dismissed Bean’s appeal of the 2013 denial of his claim without addressing the merits.
The Federal Circuit reversed the Veterans Court’s dismissal of the appeal for lack of jurisdiction. When a claim is adequately presented to, but is not addressed by the Board, the Board’s disposition of the appeal constitutes the Board's decision on that claim that may be appealed to the Veterans Court. The Veterans Court's jurisdiction is not limited to the Board's affirmative determinations and covers the disposition of an appeal that is challenged as improperly failing to address contentions clearly before the Board.
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