Legal Opinion

Shoemaker v. Derwinski

United States Court of Appeals for Veterans Claims

Decided September 21, 1992No. 90-1055PublishedCited by 23 opinions

1Opinion of the Court

STEINBERG, Associate Judge:

The appellant, veteran Joseph D. Shoemaker, challenges a May 30,1990, Board of Veterans’ Appeals (BVA or Board) decision which awarded him an increase from 30% to 50% in his service-connected disability rating for a “psychophysiological gastrointestinal reaction with probable ulcer”. Joseph D. Shoemaker, BVA 90-17136 (May 30, 1990). He argues on appeal that in assessing his claim for an increase in his disability rating, the Board should have awarded him a 100% disability rating. The Court holds that, under 38 U.S.C. § 7104(d)(1) (formerly § 4004), the Board erred…

2Cases cited21 opinions

  1. Camp v. PittsSupreme Court of the United States · 1973
  2. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  3. Colvin v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  4. Fletcher v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  5. Murphy v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990

16 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  2. Dingess - Hartman v. NicholsonUnited States Court of Appeals for Veterans Claims · 2006
  3. AB v. BrownUnited States Court of Appeals for Veterans Claims · 1993
  4. Falzone v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  5. Stanton v. BrownUnited States Court of Appeals for Veterans Claims · 1993

18 more not listed; retrieve them via the Exa API.

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