United States Federal Circuit

The lack of service or post-service records indicating an increase in disability rebutted the presumption that military service aggravated petitioner's pre-existing condition. Affirmative evidence of non-aggravation is not necessary to rebut the presumption.

Appellate Information

• Decided 10/30/2000
• Published 10/30/2000

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, MICHEL, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ronald L. Smith,Disabled American Veterans, Washington, DC, argued for claimant-appellant.


• For Appellees:
  
• E. Michael Chiaparas, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for respondent-appellee.   With him on the brief were David W. Ogden, Assistant Attorney General;  David M. Cohen, Director;  and Harold D. Lester, Jr., Assistant Director.   Of counsel on the brief were Donald E. Zeglin, Acting Assistant General Counsel;  and David J. Barrans, Staff Attorney, Department of Veterans Affairs, Washington, DC.