Legal Opinion

Littke v. Derwinski

United States Court of Appeals for Veterans Claims

Decided December 6, 1990No. 89-68PublishedCited by 133 opinions

1Opinion of the Court

IVERS, Associate Judge:

The veteran appeals from a Board of Veterans’ Appeals (BVA) decision which denied his claim for total disability pension. For the reasons stated herein, we find that the Veterans Administration (now the Department of Veterans Affairs) breached its *91statutory duty, pursuant to 38 U.S.C. § 3007(a) (1988), to assist the veteran in developing his claim. Therefore, we remand this case to the BVA for further action consistent with this opinion.

BACKGROUND

In 1987, the veteran submitted a claim for total disability on the grounds that his arthritic condition prevented him from…

2Cases cited5 opinions

  1. Morton v. RuizSupreme Court of the United States · 1974
  2. Service v. DullesSupreme Court of the United States · 1957
  3. Vitarelli v. SeatonSupreme Court of the United States · 1959
  4. Murphy v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  5. Jolley v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990

3Cited by133 opinions

  1. Caluza v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  2. Schafrath v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  3. Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  4. Masors v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  5. Green v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991

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