Mustin v. Brown

No. 93-1048 (U.S. Vet. App. filed Apr. 13, 1994) ; Clearinghouse Number: 49827

Description

Veteran Appeals Decision That Evidence Did Not Justify Reopening His Application for Service-Connected Benefits/ New Evidence/Reopen Application Benefits

Abstract

Appellant veteran has appealed to the Court of Veterans Appeals the Bureau of Veterans' Appeals (BVA)'s ruling that he had not submitted sufficient material evidence to justify reopening his application for service-connected benefits. Veteran enlisted in the Army in 1944. Veteran was discharged in 1945 with a diagnosis of epilepsy. For ten years, veteran received service-connected disability benefits due to his seizure disorder. In 1956, BVA ruled that the 1945 grant of service connection was clear and mistakable error, that veteran's epilepsy predated his period of service, and that the epilepsy had not been exacerbated during his time in the service. Veteran attempted to reopen his claim in 1974 and 1978 with evidence from friends, relatives, and teachers that he did not have epilepsy before his induction. BVA found that the evidence was not new or material. In 1991, veteran again sought to reopen his claim, presenting evidence from his treating physician that veteran did not have epilepsy prior to service and that, even assuming he had, the condition was beyond normal progression in the service. BVA found that this evidence, although new, was not material. In this appeal, veteran asserts that the new evidence he submitted is the only medical analysis available addressing aggravation. He argues that BVA's decision denying service connection is clearly erroneous and that BVA's 1956 decision failed to state any clear error in its previous decision to award service-connection benefits in violation of BVA regulations and due process.

Additional Information

Attorney Information
Appellant represented by Barbara Cook, Legal Aid Society of Cincinnati, 901 Elm St., Cincinnati, OH 45202, (513) 241-9400.
Docket Date
1994-04-13 00:00:00+00:00

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