Green v. Brown

I respectfully dissent from the Court’s denial of the motion of the Secretary of Veterans Affairs (Secretary) for en banc review of the panel decision. I would grant review for the reasons set forth in my opinion, concurring in part and dissenting in part, in McGinnis v. Brown, 4 Vet.App. 239, 244 (1993), and in my dissenting opinion in the instant case, Green v. Brown, 4 Vet.App. 382, 384 (1993); and for some of the reasons set forth in the Secretary’s March 29, 1993, motion.

Briefly, the Court’s precedents now seem to have carved out parallel paths of, on the one hand, affirming a Board of…