Legal Opinion

Thompson v. Derwinski

United States Court of Appeals for Veterans Claims

Decided May 23, 1991No. 90-239PublishedCited by 95 opinions

1Opinion of the Court

FARLEY, Associate Judge, filed the opinion of the Court, in which HOLDAWAY, Associate Judge, joined.

2Concurring in part, dissenting in partSteinberg, Associate Judge

FARLEY, Associate Judge:

Appellant, Charles E. Thompson, is appealing from a March 2, 1990, Board of Veterans’ Appeals (Board or BVA) decision upholding the denial of service connection for bilateral hearing and otitis media. The Court finds that the BVA erred in treating the evidence submitted by appellant as new and material when the Board itself concluded that the evidence was cumulative. However, since appellant failed to satisfy the two-step test established by Manio v. Derwinski, 1…

3Cases cited3 opinions

  1. Manio v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  2. Akins v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  3. Bentley v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990

4Cited by95 opinions

  1. Masors v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  2. Soyini v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  3. Godwin v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  4. Murincsak v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  5. Reonal v. BrownUnited States Court of Appeals for Veterans Claims · 1993

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API