Luke C. Miley, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs

BRYSON, Circuit Judge.

Appellant Luke C. Miley served on active duty with the United States Army from October 1946 to May 1948. In July 1947, he was involved in a motorcycle accident in which he suffered multiple injuries. Those injuries were later determined to be service connected. As of March 1973, Mr. Miley was receiving disability benefits from the Veterans Administration for residuals of those injuries. He was rated 70 percent disabled at that time.

Following a period of hospitalization, Mr. Miley filed a claim with the Veterans Administration for a rating of total disability based on…