Cook v. Brown

James Cook (plaintiff) served in World War II from 1942 through 1945 as a combat infantryman, including a stretch of approximately seven months of continuous, daily combat that began with an amphibious assault in the Philippines. Cook experienced various gastric issues during his service, including heartburn, pain, vomiting, and an appendectomy performed at a forward aid station. After his discharge, he was treated beginning in 1946 for continuing stomach concerns, was diagnosed in 1950 with an ulcer, and in 1951 was hospitalized and received surgery for a perforated ulcer. In 1952, Cook’s first disability claim for a stomach condition was turned down by the Department of Veterans Affairs (VA) (defendant). Cook continued to be treated and occasionally hospitalized for ulcers and related conditions for decades and finally reapplied for disability benefits with the VA in 1989. Cook provided extensive medical and lay evidence attesting to the stomach issues he experienced during and following his service. The VA again denied his claim, and Cook appealed to the Board of Veterans’ Appeals (the BVA). The BVA upheld the VA’s denial of his claim, holding that the evidence did not prove that Cook’s ulcers began either during his service or during the one-year presumptive period, because the first objective medical evidence was the 1950 ulcer diagnosis. Cook appealed.