# Green v. Brown

> United States Court of Appeals for Veterans Claims · March 15, 1993 · 4 Vet. App. 382

URL: https://www.frixlaw.com/law-library/cases/6610556

## Case

- **Full name:** John H. GREEN v. Jesse BROWN, Secretary of Veterans Affairs
- **Court:** United States Court of Appeals for Veterans Claims
- **Decided:** March 15, 1993
- **Citations:** 4 Vet. App. 382; 1993 U.S. Vet. App. LEXIS 96; 1993 WL 68557
- **Precedential status:** Published
- **Opinion:** Dissent by Steinberg
- **Judges:** Mankin, Nebeker, Steinberg
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6610556

## Opinion text

STEINBERG, Associate Judge,
dissenting:
I agree with the majority that the appellant’s claim was not eligible to be reopened because new and material evidence was not presented with respect to that claim. However, for the reasons set forth in my opinion, concurring in part and dissenting in part, in McGinnis v. Brown, 4 Vet.App. 239, 244-47 (1992), I cannot agree with the decision to vacate the Board of Veterans’ Appeals decision. The Board’s error in reaching the merits was harmless and the denial of benefits should be affirmed in the same manner as it has been in over 15 cases decided by panels of this Court. See McGinnis, 4 Vet.App. at 245 . The divided Court’s aberrational disposition in McGin-nis should not be replicated.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6610556. Public record. Not legal advice.