Opinion

Cropper v. Brown

  • 6 Vet. App. 450
  • 1994 U.S. Vet. App. LEXIS 447
  • 1994 WL 197928
Court
United States Court of Appeals for Veterans Claims
Filed
May 23, 1994
Status
Published
Author
Holdaway
On the bench
Holdaway, Ivers, Mankin
Cited by
22 cases

finding that “[t]he Board is ultimately responsible for weighing the probative value of evidence [of insanity]”

How later courts described this case

  • finding that “[t]he Board is ultimately responsible for weighing the probative value of evidence [of insanity]”
  • noting that offenses that preclude the performance of military duties, such as unauthorized absence and failure to go to the appointed place of duty, are by definition not minor offenses
  • “Whether the Secretary or Board has properly interpreted a law or regulations is a matter which this Court reviews de novo.”

Written by the judges who cited it.

The opinion

HOLDAWAY, Judge,

concurring in part and dissenting in part:

I concur except for that portion of the opinion remanding for assessment of the post-service psychiatric report. In the absence of any plausible expert evidence that opines that the offenses committed in the service were a product of the alleged mental condition (and thus would have been a defense to those crimes at the military disciplinary proceedings), then the failure to consider such evidence would be, at the most, harmless error. Insofar as I know, one who has pyromania cannot successfully assert such a condition as a defense to the offenses of drunk and disorderly conduct, use of a controlled substance, and absence without leave.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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