Legal Opinion
White v. Derwinski
United States Court of Appeals for Veterans Claims
Decided October 17, 1991No. 90-720PublishedCited by 41 opinions
1Opinion of the Court
HOLDAWAY, Associate Judge:
The appellant, Frank E. White, appeals an April 11, 1990, Board of Veterans’ Appeals (Board or BVA) decision which de-*520dined to reopen his case because it found that evidence submitted by the appellant was not “new and material” under 38 U.S.C. § 5108 (formerly § 3008). On appeal to this Court, the appellant argues that the Secretary of Veterans Affairs (Secretary) breached the statutory “duty to assist” under 38 U.S.C. § 5107(a) (formerly § 3007(a)), by not helping the appellant obtain the medical records requested. We hold that the appellant was entitled to have the…
2Cases cited5 opinions
- Colvin v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Murphy v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Manio v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Karnas v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Moore v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
3Cited by41 opinions
- Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
- Burke Hensley, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2000
- Hickson v. WestUnited States Court of Appeals for Veterans Claims · 1999
- Robinette v. BrownUnited States Court of Appeals for Veterans Claims · 1995
- Gobber v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
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