Layno v. Brown

Benito C. Layno (plaintiff) claimed to have incurred bronchial asthma while serving on active duty. About 40 years after leaving service, Layno filed a claim for service-connected disability for asthma, which was denied by the Department of Veterans Affairs (VA) (defendant) regional office. Layno appealed to the Board of Veterans’ Appeals (the board). The board noted that Layno’s service-related medical records had been destroyed in a fire and that the evidence supporting Layno’s claim was slim. On appeal, Layno claimed to have been treated for asthma at least three times during service. Layno also testified that the first symptoms of asthma presented the day before Layno’s discharge and that Layno had first started treatment for asthma with a private physician less than a year later. In addition, Layno presented witness statements and witness testimony that Layno had asthma after Layno’s service ended as well as to the exact date that Lyno began treatment for asthma, though the witnesses did not personally attend or observed any treatment. Two of the witnesses testified to seeing Layno have trouble breathing and Layno’s health being in bad condition after his return from service. The board denied Layno’s claim, citing a lack of evidence, inconsistencies in Lyano’s testimony and evidence, and suspicion at the idea that multiple witness remembered exact dates of treatment four decades later. Layno appealed.