Legal Opinion

Fletcher v. Derwinski

United States Court of Appeals for Veterans Claims

Decided July 16, 1991No. 90-25PublishedCited by 347 opinions

1Opinion of the Court

HOLDAWAY, Associate Judge:

This case concerns an appeal of a Board of Veterans’ Appeals (BVA or Board) decision that the veteran’s industrial impairment was only “considerable” and, hence, he was not entitled to more than a 50-percent rating for his service-connected post-traumatic stress disorder (PTSD). We remand to the BVA because the BVA decision of August 17, 1989, fails to comply with the “reasons or bases” requirement of 38 U.S.C. § 7104(d)(1) (formerly § 4004). See Gilbert v. Derwinski, 1 Vet.App. 49, 56 (1990); Webster v. Derwinski, 1 Vet.App. 155, 158 (1991).

Appellant was on active…

2Cases cited3 opinions

  1. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  2. Colvin v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  3. Webster v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991

3Cited by347 opinions

  1. Kutscherousky v. WestUnited States Court of Appeals for Veterans Claims · 1999
  2. Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  3. Larry A. Pelegrini v. Anthony J. PrincipiUnited States Court of Appeals for Veterans Claims · 2004
  4. Kay v. PrincipiUnited States Court of Appeals for Veterans Claims · 2002
  5. Fenderson v. WestUnited States Court of Appeals for Veterans Claims · 1999

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