Perry v. Brown

Anthony Perry (plaintiff) was a Vietnam War-era veteran who served on active duty from 1966 to 1968. His pre-induction medical exam showed no signs of cardiac or blood-pressure conditions. During his active service, Perry experienced episodes of dizziness that resulted in loss of consciousness, as well as lightheadedness following physical exertion. Medical exams at that time did not show any underlying problems, however. Approximately 20 years after his discharge, Perry had hypertension, suffered a heart attack, and was fitted with a pacemaker. In 1989, Perry filed a disability claim with the Department of Veterans Affairs (VA) (defendant) for a heart condition. Perry’s private physician provided evidence that Perry had a condition related to inadequate cardiac output and that the dizziness and fainting Perry had experienced while on active duty were the earliest manifestations of the disease. Perry also submitted lay testimony from coworkers attesting to the fact that he had suffered similar symptoms over the two decades since his discharge. The VA denied his claim, holding that there was no service connection between his dizziness during his service and his current cardiac condition. Perry appealed to the Board of Veterans’ Appeals (BVA), and the BVA remanded the matter to obtain an examination from a VA cardiologist. The VA doctor found that there was no evidence to link Perry’s in-service symptoms to his current condition. The BVA upheld the VA’s denial of a service-connected disability, holding that the VA doctor’s determination outweighed Perry’s private physician’s opinion. Perry appealed.