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Legal Opinion

Simon v. Derwinski

United States Court of Appeals for Veterans Claims

Decided July 22, 1992No. 91-1056PublishedCited by 76 opinions

1Opinion of the Court

NEBEKER, Chief Judge:

This case presents for review a May 2, 1991, decision of the Board of Veterans’ Appeals (BVA or Board) which denied appellant’s claim for entitlement to a total disability rating based on individual unem-ployability. See 38 U.S.C. § 1155 (formerly § 355) and 38 C.F.R. § 4.16 (1991). Upon consideration of the pleadings and the record on appeal, the Court concludes that the Board failed to provide adequate reasons or bases for rejecting statements by medical personnel that appellant was incapable of work.

Appellant served in the Army Air Force from February 1943 to February…

2Cases cited24 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. Fletcher v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  4. Murphy v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  5. Green v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991

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3Cited by76 opinions

  1. Caluza v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  2. Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  3. Kay v. PrincipiUnited States Court of Appeals for Veterans Claims · 2002
  4. Tucker v. WestUnited States Court of Appeals for Veterans Claims · 1998
  5. Frances D'Aries v. James B. PeakeUnited States Court of Appeals for Veterans Claims · 2008

71 more not listed; retrieve them via the Exa API.

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