Romanowski v. Shinseki, 2013
- Organization: CAVC
- Document Type: Case law/admin decisions
- Date Created: Tuesday, December 06, 2016
- Submitted: Tuesday, December 06, 2016
- Attachment(s): PDF
Before MOORMAN, SCHOELEN and GREENBERG, Judges.
GREENBERG, Judge: The appellant, Steven M. Romanowsky, appeals through counsel a July 5, 2011, Board of Veterans' Appeals (Board) decision that denied him benefits based on service connection for a psychiatric disorder claimed as an adjustment disorder. Record (R.) at 3-7. May 9, 2013, the Court issued a decision vacating the July 5, 2011, Board decision and remanding the matter for further development and proceedings. On May 30, 2013, the Secretary filed a motion for reconsideration, arguing in part that the Court "impermissibly usurped the Board's discretion to seek additional record development." Secretary's Motion at 1. To clarify its decision, the Court will grant the Secretary's motion for reconsideration, withdraw the May 9, 2013, opinion, and issue this opinion in its stead. The Court has jurisdiction to review the Board's decision pursuant to 38 U.S.C. § 7252(a). For the following reasons, the Court will vacate the Board's July 2011 decision and remand the appellant's claim for further development and readjudication consistent with this opinion.
The Secretary's May 30, 2013, motion for panel reconsideration is GRANTED, the May 9, 2013, panel decision is WITHDRAWN, and this decision is issued in its stead. For the foregoing reasons, and after a review of the record, the Board's July 2011 decision denying the appellant service connection for an acquired psychiatric disorder is VACATED and the matter is REMANDED for action consistent with this decision.