Legal Opinion · Dissent

Robinson v. Wilkie

Court of Appeals for the Federal Circuit

Decided October 4, 2018No. 2017-1968Published

1DissentNewman, Circuit Judge

Mr. Robinson, a veteran of the war in Vietnam, experienced heart problems including a heart attack in 2003. By regulation adopted in August 2010, coronary and other diseases were deemed service-connected for veterans who, like Mr. Robinson, had been exposed to Agent Orange in Vietnam:

38 C.F.R. § 3.309(e) (Disease associated with exposure to certain herbicide agents)

If a veteran was exposed to an herbicide agent during active military, naval, *1359or air service, the following diseases shall be service-connected .... Ischemic heart disease (including, but not limited to, acute, subacute, and old…

2Cases cited3 opinions

  1. Henderson v. ShinsekiSupreme Court of the United States · 2011
  2. Barrett v. NicholsonCourt of Appeals for the Federal Circuit · 2006
  3. Alan R. Swain v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2015

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