Legal Opinion

Cartright v. Derwinski

United States Court of Appeals for Veterans Claims

Decided December 17, 1991No. 90-28PublishedCited by 74 opinions

1Opinion of the Court

NEBEKER, Chief Judge:

Appellant, Clyde A. Cartright, Jr., seeks review of a September 28, 1989, Board of Veterans’ Appeals (BVA or Board) decision which denied his reopened claim for service-connected asthma. We hold that, by indiscriminately rejecting material evidence, the Board committed error which requires remand. We also note that absent this error, the case would still require remand since the Board did not provide an adequate statement of reasons or bases to support its factual findings.

Appellant served in the armed services from August 1943 to March 1946. In December 1945, he was…

2Cases cited3 opinions

  1. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  2. Hatlestad v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  3. Dixie Ohio Express Co. v. LoweryCourt of Appeals for the Fifth Circuit · 1940

3Cited by74 opinions

  1. Caluza v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  2. Layno v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  3. Grottveit v. BrownUnited States Court of Appeals for Veterans Claims · 1993
  4. Rucker v. BrownUnited States Court of Appeals for Veterans Claims · 1997
  5. Hayes v. BrownUnited States Court of Appeals for Veterans Claims · 1993

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