Taylor v. McDonough, No. 2019-2211 (Decided: June 30, 2021); PTSD; equitable estoppel against the Government; jurisdictional analysis must focus on the legal character of the requirement, which we discern by looking to the condition’s text, context, and relevant historical treatment; Edgewood Arsenal; Department of Defense (“DoD”) undertook experiments on 6,700 ‘soldier volunteers’. . . with more than 250 different chemical warfare agents;

United States Court of Appeals for the Federal Circuit

BRUCE R. TAYLOR, Claimant-Appellant v. DENIS MCDONOUGH, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee

2019-2211

Appeal from the United States Court of Appeals for Veterans Claims in No. 17-2390, Judge Joseph L. Falvey Jr., Judge William S. Greenberg, Judge Amanda L. Meredith.
__________ Decided: June 30, 2021 __________
KENNETH M. CARPENTER, Law Offices of Carpenter Chartered, Topeka, KS, argued for claimant-appellant. WILLIAM JAMES GRIMALDI, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by JEFFREY B. CLARK, ROBERT EDWARD KIRSCHMAN, JR., LOREN MISHA PREHEIM; CHRISTOPHER O. ADELOYE, BRIAN D. GRIFFIN, Office of General Counsel,
Case: 19-2211 Document: 35 Page: 1 Filed: 06/30/2021
2 TAYLOR v. MCDONOUGH
United States Department of Veterans Affairs, Washing-ton, DC.

Before NEWMAN, O’MALLEY, and WALLACH*, Circuit Judges.
WALLACH, Circuit Judge.
Appellant, Bruce R. Taylor, appeals a decision of the U.S. Court of Appeals for Veterans Claims (“Veterans Court”). The Veterans Court affirmed the Board of Veterans Claims’ (“Board”) denial of entitlement to an effective date earlier than February 28, 2007, for the award of service-connected disability benefits for post-traumatic stress disorder (“PTSD”), concluding that equitable estoppel against the Government was unavailable to Mr. Taylor. Taylor v. Wilkie (Taylor IV), 31 Vet. App. 147, 154–55 (2019); J.A. 20 (Judgment).
Mr. Taylor appeals. We have jurisdiction pursuant to 38 U.S.C. §§ 7292(a), (c). We reverse and remand.
BACKGROUND
I. Factual Background1
From 1955 to 1975, the Department of Defense (“DoD”) undertook “experiments . . . with a