Legal Opinion
Smith v. Derwinski
United States Court of Appeals for Veterans Claims
Decided May 8, 1991No. 90-235PublishedCited by 70 opinions
1Opinion of the Court
IVERS, Associate Judge:
Appellant, Brady Smith, appeals from a January 30, 1990, Board of Veterans’ Appeals (BVA or Board) decision which held that evidence received after the January 31, 1980, and subsequent rating decisions did not provide a new factual basis for finding that the veteran’s spondylolisthesis was service-connected. We find that the sworn testimony of appellant and his wife was not adequately addressed in the BVA decision. Therefore, we remand due to the BVA’s failure to comply with the requirements of 38 U.S.C. § 4004(d)(1) (1988).
Appellant served in the United States Navy…
2Cases cited8 opinions
- Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Colvin v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Manio v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Hatlestad v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Jones v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
3 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Caluza v. BrownUnited States Court of Appeals for Veterans Claims · 1995
- Schafrath v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
- Masors v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
- Frances D'Aries v. James B. PeakeUnited States Court of Appeals for Veterans Claims · 2008
65 more not listed; retrieve them via the Exa API.