Green v. Derwinski
United States Court of Appeals for Veterans Claims
1 Vet. App. 121 (1991)
- Written by Carolyn Strutton, JD
Facts
Victor Green (plaintiff) was a veteran who was diagnosed with polio in 1947 while he was in service. His service medical records showed that he suffered extensive symptoms from the disease, including weakness in his legs. Decades later, Green applied for service-connected-disability benefits for a left-leg disorder with the Department of Veterans Affairs (the VA) (defendant). Green alleged that his current leg problems were a residual effect of his polio. In 1988, Green was given a neurological evaluation by the VA. The report from this examination held that there was diagnostic doubt as to whether Green’s current condition was linked to his polio and that further diagnostic studies could be helpful in making such a determination. The VA denied his service connection, and Green appealed to the Board of Veterans’ Appeals (the board). The board upheld the VA’s denial without ordering any additional medical examinations. Green appealed.
Rule of Law
Issue
Holding and Reasoning (Farley, J.)
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