Opinion

Combee v. Brown

  • 7 Vet. App. 193
  • 1994 U.S. Vet. App. LEXIS 988
  • 1994 WL 662496
Court
United States Court of Appeals for Veterans Claims
Filed
Nov 23, 1994
Status
Published
On the bench
Farley, Holdaway, Ivers
Cited by
0 cases
Authority
More cited than 13.1%

The opinion

ORDER

PER CURIAM.

On January 19, 1993, the Court affirmed the January 18, 1991, decision of the Board of Veterans’ Appeals (Board) which denied the appellant’s claim for service connection for neutropenia as secondary to exposure to ionizing radiation under the provisions of 38 U.S.C. § 1112 (c) (formerly § 312(c)) and denied direct service connection based upon radiation exposure during service under 38 U.S.C. § 1110 (formerly § 310).

On September 1, 1994, the United States Court of Appeals for the Federal Circuit reversed the decision of the Court and remanded this matter to give the appellant “an opportunity to prove that his neutropenia or leukopenia was incurred in or aggravated by his service” under the provisions of 38 U.S.C. *194 § 1110 and 38 C.F.R. § 3.303 (d). Combee v. Brown, 34 F.3d 1039, 1045 (Fed.Cir.1994). On November 7, 1994, mandate issued in the Court of Appeals for the Federal Circuit case.

On consideration of the foregoing, it is

ORDERED that the Board’s January 18, 1991, decision is REVERSED and this matter is REMANDED to the Board for further adjudication in accordance with the September 1, 1994, decision of the Court of Appeals for the Federal Circuit.

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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