Legal Opinion

Clyde McKinney, Jr. v. Robert A. McDonald

United States Court of Appeals for Veterans Claims

Decided March 11, 2016No. 13-2273PublishedCited by 2 opinions

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

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Bailey v. United StatesSupreme Court of the United States · 1995
  3. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  4. Perrin v. United StatesSupreme Court of the United States · 1979
  5. Clark v. MartinezSupreme Court of the United States · 2005

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3Cited by2 opinions

  1. 12-22 779Board of Veterans' Appeals · 2017
  2. Llewellyn R. Miller v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2020

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