## Facts

- Dwayne A. Moore served in the U.S. Army from 1988 to 1991 and was hospitalized in 1991 for psychiatric problems before discharge for a personality disorder.
- In 1992, he sought VA service connection for a psychiatric disorder; the regional office denied service connection in 1993.
- VA later granted service connection for atypical affective disorder and assigned a 10% initial rating effective September 16, 1992.
- During the appeal, VA increased the rating to 30% effective August 8, 2002.
- In 2004, the Board assigned staged ratings: 30% from January 27, 1997 to August 7, 2002, and 50% from August 8, 2002 forward, while denying higher ratings for each period.
- On appeal, Moore argued VA failed to obtain complete in-service psychiatric hospitalization records from Tripler Army Medical Center and that VA examinations inadequately addressed occupational impairment.

## Issues

1. Whether VA breached its duty to assist under 38 U.S.C. § 5103A by not obtaining identified in-service Tripler psychiatric hospitalization records relevant to rating severity.
2. Whether the Board clearly erred or gave inadequate reasons or bases in relying on the existing record, including VA examinations, to deny higher staged ratings.

## Decision

- The court affirmed the Board’s staged-rating decision denying higher initial evaluations.
- The court accepted that VA generally must make reasonable efforts to obtain identified relevant records, including service hospitalization records.
- On the record before it, the court concluded the existing evidence (post-service treatment records and multiple examinations) was sufficient to decide the staged-rating periods and did not warrant reversal or an additional remand for the missing Tripler records.
- The court held the Board’s factual findings on occupational and social impairment were not clearly erroneous and its reasons-or-bases discussion was adequate for judicial review.

## Legal Principles

- Under 38 U.S.C. § 5103A, VA must make reasonable efforts to help a claimant obtain evidence necessary to substantiate a claim, including obtaining identified relevant records.
- VA assistance is not required where no reasonable possibility exists that further assistance would aid in substantiating the claim, including circumstances where further efforts to obtain records would be futile.
- In an initial-rating appeal, VA may assign staged ratings for distinct time periods based on changes in disability severity.
- The court reviews the Board’s fact-finding under the “clearly erroneous” standard and does not reweigh evidence; the Board must provide reasons or bases sufficient to permit effective judicial review.

## Conclusion

The Veterans Court upheld the Board’s staged ratings for Moore’s service-connected psychiatric disability, concluding that—despite identified but unobtained Tripler hospitalization records—the developed record was adequate for rating purposes and the Board’s findings and explanations were legally sufficient.


Moore v. Nicholson, 21 Vet. App. 211 (2007)