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7 Vet. App. 193

Combee v. Brown

United States Court of Appeals for Veterans Claims · decided 1994-11-23

Applies 38 U.S.C. § 1110 · 38 U.S.C. § 1112

Relies on Reflectone, Inc. v. John H. Dalton, Secretary of the Navy

Decided 1994-11-23

¶1ORDER

PER CURIAM.

¶2On January 19, 1993, the Court affirmed the January 18, 1991, decision of the Board of Veterans’ Appeals (Board) which denied the appellant’s claim for service connection for neutropenia as secondary to exposure to ionizing radiation under the provisions of 38 U.S.C. § 1112(c) (formerly § 312(c)) and denied direct service connection based upon radiation exposure during service under 38 U.S.C. § 1110 (formerly § 310).

¶3On September 1, 1994, the United States Court of Appeals for the Federal Circuit reversed the decision of the Court and remanded this matter to give the appellant “an opportunity to prove that his neutropenia or leukopenia was incurred in or aggravated by his service” under the provisions of 38 U.S.C. *194§ 1110 and 38 C.F.R. § 3.303(d). Combee v. Brown, 34 F.3d 1039, 1045 (Fed.Cir.1994). On November 7, 1994, mandate issued in the Court of Appeals for the Federal Circuit case.

¶4On consideration of the foregoing, it is

¶5ORDERED that the Board’s January 18, 1991, decision is REVERSED and this matter is REMANDED to the Board for further adjudication in accordance with the September 1, 1994, decision of the Court of Appeals for the Federal Circuit.

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