Clyde R. Combee, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a veteran is not precluded from establishing service connection with proof of actual direct causation
• reversing CAVC under 38 U.S.C. 1110 and 38 C.F.R. 3.303(d) for failing to afford veteran opportunity to prove direct service connection when presumption does not apply
• Radiation Compensation Act does not preclude a veteran from establishing service connection with proof of actual direct causation
• when the evidence does not warrant presumptive service connection, an appellant is not precluded from establishing service connection with proof of direct causation
• “[pjroof of direct service connection ... entails proof that exposure during service caused the malady that appears many years later”
• when a veteran is found not to be entitled to a regulatory presumption of service connection for a given disability, the claim must nevertheless be reviewed to determine whether service connection can be established on a direct basis

Source: CourtListener parenthetical corpus (CC0).