Legal Opinion · Dissent

Boraiko v. United States

United States Court of Claims

Decided July 15, 1959No. 225-54Published

1DissentJones, Chief Judge

There is no doubt that plaintiff’s disabled condition had its inception in the service. It is probable that the malady did not become completely disabling until some years later, when it became certain from medical examinations that at that time it not only was disabling, but that the malady necessarily existed at the time of separation from the service. The nature of the malady at that time was unknown either to him or the medical examiners.

I can see no reasonable basis for denying justice to a gallant soldier, who served long under great difficulties during a period of actual hostilities,…

2Cases cited2 opinions

  1. MacFarlane v. United StatesUnited States Court of Claims · 1956
  2. Holt v. United StatesUnited States Court of Claims · 1956

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