Sellers v. Wilkie

 
APPEAL NO.
19-1769
OP. BELOW
SUBJECT
Veterans
AUTHOR
Clevenger

Issue(s) Presented

“Whether a claimant’s general statement requesting benefits on a formal claim form that identifies specific disabilities constitutes a claim for all ‘reasonably identifiable’ diagnoses within the claimant’s records.”

Holding

“The Secretary of Veterans Affairs challenges the Veterans Court’s decision, arguing that a legally sufficient formal claim must identify, at least at a high level of generality, the current condition upon which the veteran’s claim for benefits is based. . . . [W]e agree with the Secretary. Accordingly, Mr. Sellers is not entitled to the earlier effective date he requests.”