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Brammer v. Derwinski

3 Vet. App. 223 (1992)

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Brammer v. Derwinski

United States Court of Appeals for Veterans Claims
3 Vet. App. 223 (1992)

CS

Facts

James Brammer (plaintiff) was a World War II combat veteran who claimed to have contracted spinal meningitis and suffered from frozen feet during his active service. In 1980, Brammer filed a claim for disability benefits with the Department of Veterans Affairs (VA) (defendant) for the meningitis. The VA denied his claim, because there was no medical evidence to prove that Brammer had in fact been diagnosed with the disease during his active service, despite affidavits from fellow servicemen attesting to the fact that Brammer was treated for the disease at that time. The Board of Veterans’ Appeals (BVA) upheld the decision. Brammer attempted to reopen his claim in 1986 but was again denied. In 1988, Brammer again attempted to reopen his claim and additionally filed a claim for frozen feet. Brammer failed to assert in any of his filings that he suffered any current disability as a result of either of his alleged conditions. The VA again denied his 1988 petition for lack of evidence, and the BVA affirmed the denial. Brammer appealed to the United States Court of Appeals for Veterans Claims.

Rule of Law

Issue

Holding and Reasoning (Holdaway, J.)

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