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Gilbert v. Derwinski

United States Court of Appeals for Veterans Claims

1 Vet. App. 49 (1990)

Facts

Norman Gilbert (plaintiff) was a Korean War veteran who sought service-connected-disability benefits for a back injury he claimed had originated during his active service. Gilbert first filed his claim with the Veterans’ Administration (VA) (defendant) in 1971, but the VA denied his claim. Gilbert sought to reopen his claim in 1989 but was again denied a service connection. Gilbert appealed the denial to the Board of Veterans’ Appeals (the board). The board affirmed the VA’s denial of benefits. The board failed to provide a written statement of the reasons for its findings, however, and opined in conclusory terms that Gilbert was not entitled to evidentiary benefit of the doubt. Gilbert appealed.

Rule of Law

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Issue

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Holding and Reasoning (Farley, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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Concurrence (Kramer, J.)

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