Bowers v. Shinseki

HUGHES, Circuit Judge.

Kay M. Bowers seeks benefits based on the military service of her late husband, Wayne E. Bowers, who served in the Army National Guard. Thirty years after his National Guard duty, Mr. Bowers was diagnosed with and subsequently died from amyotrophic lateral sclerosis (ALS), also known as Lou Gehrig’s disease. A regulation of the Department of Veterans Affairs provides a presumption of service connection for any veteran who develops ALS after active military service. Because the United States Court of Appeals for Veterans Claims properly determined that Mr. Bowers was not…