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9 Vet. App. 521

Libertine v. Brown

United States Court of Appeals for Veterans Claims · decided 1996-11-25

Good law ✅— No negative treatment on recordhow we know

Decided 1996-11-25

How this case has been cited

Cited by 16 later decisions — most recently June 2015

120199620002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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NEBEKER, Chief Judge,

¶1concurring:

¶2The majority purports to promulgate a holding that is predicated upon an assumption (see ante at 524, “[Assuming that section 1154(b) can be applied to secondary service connection claims”) and which is therefore, in my view, simply dicta. They “hold” that Mr. Libertine’s claim is not made well grounded by the application of section 1154(b), interpreted in light of the recent Federal Circuit decision in Collette, supra. I submit that, given the facts of the instant case, section 1154(b) and consequently the Collette discussion, are not applicable. Mr. Libertine’s own statements are insufficient to well ground his claim for secondary service connection for his drug and alcohol problems. Section 1154(b) is simply irrelevant. His drug and alcohol problems were not incurred while he was engaged in combat with the enemy, and thus any attempt to reconcile section 1154(b) and Collette with this claim is unnecessary. Therefore, to the extent that the majority assumes applicability of section 1154(b) in this case, I respectfully dissociate myself.

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