Legal Opinion
Sammarco v. Derwinski
United States Court of Appeals for Veterans Claims
Decided January 10, 1991No. 90-200PublishedCited by 55 opinions
1Opinion of the Court
MANKIN, Associate Judge:
Appellant, widow of a veteran (Widow), appeals from a December 27, 1989, Board of Veterans’ Appeals’ (BVA or Board) decision which determined that her deceased husband’s fatal heart disease was not service-connected. She had sought dependency and indemnity compensation under 38 U.S.C. § 410 (1988). We remand in light of Gilbert v. Derwinski, 1 Vet.App. 49 (1990).
Because of our determination that the BVA decision is inadequate under Gilbert, we do not address appellant’s underlying claim for benefits or her contention that the “benefit of the doubt” standard in 38…
2Cases cited6 opinions
- Pullman-Standard v. SwintSupreme Court of the United States · 1982
- Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Murphy v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Kelley v. Everglades Drainage DistrictSupreme Court of the United States · 1943
- Paul Snyder and Helen J. Snyder v. United StatesCourt of Appeals for the Tenth Circuit · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Masors v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
- Green v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Hatlestad v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Murincsak v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
- Simon v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
50 more not listed; retrieve them via the Exa API.