Legal Opinion
Smith v. Derwinski
United States Court of Appeals for Veterans Claims
Decided January 31, 1992No. 90-635PublishedCited by 25 opinions
1Opinion of the Court
HOLDAWAY, Associate Judge:
Appellant, Morgan L. Smith, appeals a decision of the Board of Veterans’ Appeals (BVA) rendered on March 19,1990. In that decision, the BVA denied appellant entitlement to service connection for bilateral hearing loss. The Court holds that the BVA arbitrarily and capriciously failed to apply 38 U.S.C. § 1154 (formerly § 354) to the facts of this case. Therefore, we vacate the decision of the BVA and remand the case for readjudication.
FACTS
Appellant served his country in the U.S. Navy during World War II and the Korean conflict. Appellant claims his ears were injured…
2Cases cited9 opinions
- Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- EF v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Wood v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Myers v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Smith v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Caluza v. BrownUnited States Court of Appeals for Veterans Claims · 1995
- Guerrieri v. BrownUnited States Court of Appeals for Veterans Claims · 1993
- Jerry G. Dalton v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2007
- Velez v. WestUnited States Court of Appeals for Veterans Claims · 1998
- Harder v. BrownUnited States Court of Appeals for Veterans Claims · 1993
20 more not listed; retrieve them via the Exa API.