Legal Opinion
Akins v. Derwinski
United States Court of Appeals for Veterans Claims
Decided April 23, 1991No. 89-115PublishedCited by 47 opinions
1Opinion of the Court
NEBEKER, Chief Judge:
Appellant, John W. Akins, appeals the Board of Veterans’ Appeals (Board or BVA) decision of September 18, 1989, which denied service connection for his en-ucleated (surgically removed) right eye. On appeal before the Board, appellant contended that the denial of his original claim for service connection, by rating decision dated July 26, 1946, was clear and unmistakable error. See 38 C.F.R. § 3.105(a) (1990). Because the July 26, 1946, decision failed properly to apply the relevant regulation to the prejudice of the substantive rights of appellant, we conclude that the…
2Cases cited4 opinions
- Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Colvin v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Bentley v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Smith v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
3Cited by47 opinions
- Larry A. Pelegrini v. Anthony J. PrincipiUnited States Court of Appeals for Veterans Claims · 2004
- Thompson v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Heuer v. BrownUnited States Court of Appeals for Veterans Claims · 1995
- Brian E. Routen, Claimant-Appellant v. Togo D. West, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Hunt v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
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