Sweitzer v. Brown

FARLEY, Judge:

This appeal presents an issue of statutory interpretation: whether appellant “suffered an injury, or an aggravation of an injury ... as a result of having submitted to an examination_” 38 U.S.C.A. § 1151 (West 1991). In a decision dated October 23, 1991, the Board of Veterans’ Appeals (Board) held that appellant had not submitted a well grounded claim to entitlement to compensation under § 1151 because any additional lower back disability he may have sustained was not the result of hospitalization, medical treatment, or examination by the Department of Veterans Affairs (VA). The…