Legal Opinion

Brannon v. Derwinski

United States Court of Appeals for Veterans Claims

Decided June 11, 1991No. 90-333PublishedCited by 15 opinions

1Opinion of the Court

NEBEKER, Chief Judge:

A January 5, 1990, decision of the Board of Veterans’ Appeals (BVA or Board) denied appellant, Buddy L. Brannon, benefits for a hiatal hernia and peptic ulcer disease finding that they were not service connected. Appellant limited his appeal in this Court to the issue of service connection for his peptic ulcer disease (a duodenal ulcer). We hold that the Board’s finding that “in-service epigastric complaints did not represent a chronic stomach disorder” is clearly erroneous and remand the case to the Board for it or a Regional Office to assign the proper disability rating.

2Cases cited9 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  3. Holloway v. LockhartCourt of Appeals for the Eighth Circuit · 1987
  4. Willard Crimm v. Missouri Pacific Railroad Company, a CorporationCourt of Appeals for the Eighth Circuit · 1984
  5. Northern Heel Corp. v. Compo Industries, Inc.Court of Appeals for the First Circuit · 1988

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3Cited by15 opinions

  1. Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  2. Hersey v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
  3. Moore v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  4. Joe L. Monzingo v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2012
  5. Chisem v. BrownUnited States Court of Appeals for Veterans Claims · 1993

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