Legal Opinion

Willis v. Derwinski

United States Court of Appeals for Veterans Claims

Decided August 21, 1991No. 90-27PublishedCited by 34 opinions

1Opinion of the Court

FARLEY, Associate Judge:

In an earlier decision in this case, this Court commented as follows:

It appears the [Board of Veterans’ Appeals (Board or BVA)] reached its conclusion that the veteran’s psychosis was not misdiagnosed in service based upon evidence which was not in the record (the file and records lost by the [Department of Veterans Affairs (VA)]) rather than upon the only evidence which was in the record (the VA psychiatrist’s statement and other statements in support of the veteran’s claim).

Willis v. Derwinski, 1 Vet.App. 63, 66 (1990) (emphasis in the original). Accordingly, the…

2Cases cited7 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  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

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

3Cited by34 opinions

  1. Gabrielson v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  2. Simon v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  3. Elcyzyn v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  4. Guerrieri v. BrownUnited States Court of Appeals for Veterans Claims · 1993
  5. Sanden v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992

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

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