Jones v. Wilkie

Jones served in the Marine Corps, 1968-1970. A VA psychiatrist treated him and diagnosed him with PTSD in 2000. Jones formally applied for disability benefits for PTSD in 2011. In 2012, the VA Regional Office awarded him a 100% disability rating, effective April 2011, the date it received his formal application. Jones filed a notice of disagreement arguing that he should receive an earlier effective date that reflects VA medical treatment beginning in 2000. Jones asserted that he “did not file until 11 years later because the doctors did not explain to [him] what PTSD really was.” In 2015, the Board denied the claim, acknowledging the existence of “VA medical records showing treatment for mental health symptoms” in 2000, but finding that the records before it “[did] not indicate an intent to file a claim for benefits and are not considered an ‘informal claim’'.” The Veterans Court affirmed, finding no informal claim under 38 C.F.R. 3.155(a). Jones died in 2016; his wife substituted into the case, arguing that the Veterans Court applied a heightened standard to determine whether the VA was required to assist Jones in obtaining his treatment records, which might contain an earlier, informal claim. The Federal Circuit vacated the denial. The Veterans Court erred in ruling that the duty to assist only “includes obtaining records of treatment at VA facilities that are relevant to the claim.” View "Jones v. Wilkie" on Justia Law