CAVC Case 90-1169: Back

CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · April 15, 1992 · MANKIN

This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.

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40%$795.84
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60%$1,435.02
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Outcome
Vacated / Remanded
Decision Date
April 15, 1992
Judge
MANKIN
Service Era
Not specified

Conditions Claimed

BackHearing LossTinnitusHipSkinEye

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Issues on Appeal

BackHearing LossTinnitusHipSkinEye

Why It Was Decided This Way

, the arguably doubtful credibility of the report of his separation physical examination (hereinafter referred to as "separation physical").

A VA rating board denied service connection for all claimed conditions in February 1990.

He argued forcefully that the credibility of his separation physical report could be impeached by considering evidence that he had, in fact, suffered from a lifelong vision impairment.

In its decision, the BVA did not mention, much less discuss or refute, appellant's attack on the credibility of the separation physical report.

In its DISCUSSION AND EVALUATION, the Board noted: It is not doubted that the veteran was subjected to substantial amounts of loud noise on multiple occasions during his active military service.

Appellant has also requested the Court to expunge the separation physical report from the record on appeal on the grounds of its alleged lack of credibility.

Pursuant to these factual findings, the Board determined that appellant had failed to establish service connection for his disability.

Appellant may establish the required nexus between his current condition and his term of military service if he can show that his disability "result[ed] from personal injury suffered .

Authorities Cited

Jones v. DerwinskiLittke v. DerwinskiMyers v. DerwinskiRogozinski v. DerwinskiSee Branham v. DerwinskiSee Douglas v. DerwinskiSee Gilbert v. DerwinskiSee Green v. DerwinskiSee Smith v. DerwinskiSmith v. DerwinskiWillis v. Derwinski

Regulations Cited (38 CFR / 38 USC)

38 CFR 19.123(a) (1991)38 CFR 19.157(a)38 CFR 19.172 (1991)38 CFR 19.17338 CFR 19.182(a) (1991)38 CFR 19.938 CFR 20.130438 CFR 20.20238 CFR 20.70038 CFR 20.80038 CFR 3.103(c)(1)38 CFR 3.303(d) (1991)38 CFR 3.307(a)(3)38 USC 1101(3)38 USC 111038 USC 5110(a)38 USC 7252(a)38 USC 7252(b)38 USC 7261(a)(4)

Denial Type

Credibility|No Nexus

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Referral disclosure: VetAid earns a referral fee if you become a paying REE Medical client through this link — it helps keep this site free. REE Medical provides paid medical evidence; it is not a law firm, VSO, or claims agent, and VetAid has not independently verified its services. VSOs and VA-accredited representatives will help you file your claim at no cost, and no one can guarantee a rating increase.