Frederick H. Dambach, Claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs

MAYER, Chief Judge.

Frederick H. Dambach appeals from the August 3, 1999 judgment of the United States Court of Appeals for Veterans Claims, Docket No. 98-356, affirming-in-part and remanding his appeal to the Board of Veterans’ Appeals to determine whether an independent medical examination was conducted pursuant to 38 U.S.C. § 7109 (1994), and whether Dambach’s heart condition is service related. Because the court erred in holding 38 U.S.C. § 1154(b) (1994) inapplicable to his case, we reverse and remand.

Background

Dambach served in the United States Air Force from November 1964 to October…