Legal Opinion
Gardner v. Derwinski
United States Court of Appeals for Veterans Claims
Decided November 25, 1991No. 90-120PublishedCited by 206 opinions
1Opinion of the Court
NEBEKER, Chief Judge:
Appellant, Fred P. Gardner, seeks reversal of a January 26, 1990, Board of Veterans’ Appeals’ (BVA) decision denying him entitlement to Department of Veterans Affairs (VA) benefits. The BVA ruled against appellant pursuant to 38 C.F.R. § 3.358(c)(3) (1990), on the grounds that his injuries were not a result of negligence or accident on the part of his VA doctors. We hold that 38 C.F.R. § 3.358(c)(3) is contrary to statutory authority and outside the scope of the VA’s authority. We therefore remand the case to the BVA for further proceedings on the claim.
Appellant, a…
2Cases cited13 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
- Federal Election Commission v. Democratic Senatorial Campaign CommitteeSupreme Court of the United States · 1981
- Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
8 more not listed; retrieve them via the Exa API.
3Cited by206 opinions
- Brown v. GardnerSupreme Court of the United States · 1994
- Caluza v. BrownUnited States Court of Appeals for Veterans Claims · 1995
- Fred P. Gardner, Claimant-Appellee v. Jesse Brown, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1993
- Sabonis v. BrownUnited States Court of Appeals for Veterans Claims · 1994
- Holliday v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
201 more not listed; retrieve them via the Exa API.