Hodge v. West
United States Court of Appeals for the Federal Circuit
155 F.3d 1356 (1998)
- Written by Carolyn Strutton, JD
Facts
Lewis Hodge (plaintiff) was a veteran whose claims for disability due to arthritis in his hip and knee were first denied by the Department of Veterans Affairs (VA) (defendant) in 1962. In 1992, Hodge sought to reopen his claim based on new medical evidence. After the VA initially denied reopening the claim, Hodge appealed to the Board of Veterans’ Appeals (the board). The board considered Hodge’s new evidence but denied his request to reopen his claim, holding that the evidence was not material because it did not create a reasonable possibility that the outcome of the case would be changed. Hodge appealed to the United States Court of Appeals for Veterans Claims (the veterans court), which upheld the board’s denial, applying the same standard for materiality. Hodge appealed.
Rule of Law
Issue
Holding and Reasoning (Michel, J.)
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