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Thurber v. Brown

5 Vet. App. 119 (1993)

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Thurber v. Brown

United States Court of Appeals for Veterans Claims
5 Vet. App. 119 (1993)

CS

Facts

The Department of Veterans Affairs (the VA) (defendant) denied service-connected benefits to Leslie Thurber (plaintiff) for a form of rheumatoid arthritis. Thurber’s appeal of the decision came before the Board of Veterans’ Appeals (the board). During its adjudication of the matter, the board relied on and referenced certain pages of a medical treatise. The board did not make the evidence contained in the treatise available to Thurber or provide an opportunity to respond. The board upheld the denial, and Thurber appealed. In the appeal, Thurber alleged that the board should have provided notice that it was relying on evidence from the medical treatise and an opportunity for Thurber to examine and respond to it.

Rule of Law

Issue

Holding and Reasoning (Kramer, J.)

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