Legal Opinion
Colvin v. Derwinski
United States Court of Appeals for Veterans Claims
Decided March 8, 1991No. 90-196PublishedCited by 523 opinions
1Opinion of the Court
HOLDAWAY, Associate Judge:
This case concerns an appeal of a Board of Veterans’ Appeals (BVA) decision that the veteran had not submitted evidence that was both new and material with his request to reopen his claim that he had incurred multiple sclerosis during service. We hold that the evidence submitted was new and material and provides a basis for reopening the claim to consider the new evidence in the context of the other evidence in order to review the former disposition. Further, we hold that the BVA panels must consider only independent medical evidence to support their findings rather…
2Cases cited7 opinions
- Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Murphy v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Manio v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Henry Chaney v. Richard S. Schweiker, Secretary of Health and Human Services, DefendantCourt of Appeals for the Fifth Circuit · 1981
- Effie L. WILLIAMS, Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by523 opinions
- Fletcher v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
- Russell v. PrincipiUnited States Court of Appeals for Veterans Claims · 1992
- Lewis Hodge, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Adway Maggitt, Jr., Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2000
518 more not listed; retrieve them via the Exa API.