Bowey v. West

The Court’s order is a cogent explication of the Court’s existing precedent and a fair application of that precedent to the Mettler treatise excerpt cited (according to the representations of the parties) in the February 1996 letter from the VA Assistant Chief Medical Director for Public Health and Environmental Hazards. I agree with the Court that the treatise “could not be reasonably expected to be a part of the record before the Secretary or the Board [of Veterans’ Appeals (BVA or Board)]”, ante at 109 within the meaning of Bell v. Derwinski, 2 Vet.App. 611, 613 (1992) (per curiam order),…