COMBEE v. BROWN

No. 93-7107.

34 F.3d 1039 (1994)

Clyde R. COMBEE, Claimant-Appellant, v. Jesse BROWN, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied October 31, 1994.


Attorney(s) appearing for the Case

Ronald L. Smith, Disabled American Veterans, Bowie, MD, argued, for claimant-appellant.

Virginia M. Lum, Dept. of Justice, Washington, DC, argued, for respondent-appellee. Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, Anthony H. Anikeeff, Asst. Director and Gerald M. Alexander, Attorney, Commercial Litigation Branch, Dept. of Justice, Washington, DC, were on the brief, for respondent-appellee. Also on the brief were Donald E. Zeglin and Martin J. Sendek, Dept. of Veterans Affairs, Washington, DC, of counsel.

Before ARCHER, Chief Judge, CLEVENGER, and RADER, Circuit Judges.


RADER, Circuit Judge.

Mr. Combee sought to show a connection between his exposure to radiation during service in the armed forces and his maladies. The Department of Veterans Affairs (Secretary) had promulgated an exclusive list of radiogenic conditions with a presumptive connection to exposure to ionizing radiation. Mr. Combee's condition, neutropenia, is not on that list. Therefore, the Board of Veterans Appeals found, and the Court of Veterans Appeals affirmed...

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