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BROWN v. GARDNER

No. 93-1128.

513 U.S. 115 (1994)

BROWN, SECRETARY OF VETERANS AFFAIRS v. GARDNER

United States Supreme Court.

Decided December 12, 1994.

Attorney(s) appearing for the Case

Edward C. DuMont argued the cause for petitioner. With him on the briefs were Solicitor General Days, Deputy Solicitor General Bender, and Tresa M. Schlecht.

Joseph M. Hannon, Jr., argued the cause for respondent. With him on the briefs was William S. Mailander.*

Souter, J., delivered the opinion for a unanimous Court.

Justice Souter, delivered the opinion of the Court.

In this case we decide whether a regulation of the Department of Veterans Affairs, 38 CFR § 3.358(c)(3) (1993), requiring a claimant for certain veterans' benefits to prove that disability resulted from negligent treatment by the VA or an accident occurring during treatment, is consistent with the controlling statute, 38 U. S. C. § 1151 (1988 ed., Supp. V). We hold that it is not.

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