Veterans Claims· 3/11/1993

Hayes v. Brown

Citations

4 Vet. App. 353
1993 U.S. Vet. App. LEXIS 94
1993 WL 64842

How courts have described this case

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

holding that “evidence in the file at date of death” may include private hospital and examination reports submitted after date of death; permitting consideration of evidence deemed constructively in file at date of death
stating that “VA, at the earliest possible opportunity, may wish to clarify its policy as to what evidence submitted after death may be considered”
certain evidence submitted after veteran’s death may be deemed to have been in the file at the date of death
Court held that “evidence in the file at date of death” may include private hospital and examination reports submitted after date of death
Court declined to interpret the more expansive substantive provisions before the agency first interpreted the more restrictive provisions
“While 38 U.S.C.A. § 5121(a) permits only evidence in the file at date of death, 38 U.S.C.A. § 5121(c) appears to contradict, or at least qualify, that provision .... ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Farley, Kramer, Nebeker

Read full opinion on CourtListener

Cited by

14 cases in this archive cite this case.

Cites

7 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.