Clyde McKinney, Jr. v. Robert A. McDonald
United States Court of Appeals for Veterans Claims
1Opinion of the Court
SCHOELEN, Judge:
Clyde McKinney, Jr., appeals through counsel an April 10, 2013, Board of Veterans’ Appeals (Board) decision that denied disability compensation for (1) a respiratory disorder to include as due to asbestos exposure, (2) bilateral hearing loss, and (3) tinnitus.1 Record (R.) at 3-21. This matter was referred to a panel of the Court, with oral argument, to address whether the hearing loss noted on Mr. McKinney’s entrance examination was a *19preexisting disability under 38 U.S.C. § 1111.2 For the following reasons, the Board’s decision will be vacated and the matters remanded for…
2Cases cited42 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Bailey v. United StatesSupreme Court of the United States · 1995
- Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Perrin v. United StatesSupreme Court of the United States · 1979
- Clark v. MartinezSupreme Court of the United States · 2005
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3Cited by2 opinions
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