This was called sero-fibrinous pleurisy with adhesions. He was admitted to a veterans' hospital in March 1958 when chest X-rays revealed pneumonitis in the left lung with density over the entire left hemothorax. Despite heavy treatment, he expired and autopsy revealed death was caused by left lobar pneumonia and cancer of the lungs.

The Board of Veterans Appeals, in a decision dated November 4, 1958, held that the extensive gunshot wounds, resulting in the removal of the kidney and postoperative pneumonia complicated by extensive infection in the lungs, had nothing to do with the onset of pneumonia and cancer in 1958 which caused death. The Appeals Board went even further in holding that the extensive gunshot wound residuals and lung and pleural infection did not even result in debilitating effects and general impairment of health to the extent that the veteran was rendered less capable of resisting the effects of the malignancy and the pneumonitis which caused death or that such residuals constituted a material factor in accelerating death.

This case does not support the Veterans' Administration's contention that reasonable doubt is resolved in favor of this combat disabled veteran and his deserving widow.

CASE NO. 3-SERVICE CONNECTION FOR HEARING DISABILITY

The issue in this case is whether the circumstances of military service permanently aggravated a hearing disability.

This veteran enlisted in November 1942 and was discharged November 1945. Three months after entering service, he was hospitalized for a sore throat and at that time he was noted to have ear drum trouble with diminished hearing in the left ear.

The examination at enlistment was normal in all respects. Beginning in September 1943, he was assigned to flying duty. He served as a radio operator aboard a B-17 Air Force bomber, participating in five major campaigns in the European Theater of Operations and two in the Asiatic-Pacific Theater of Operations. He was awarded the Purple Heart, Air Medal with bronze oak leaf cluster, Distinguished Flying Cross with the silver oak leaf cluster and was a member of a combat air crew making some 65 flying hours of high altitude flying, particularly over the Himalayas.

Such strenuous flying duty is most conducive to the aggravation of any hearing defect. On discharge from service, he was noted to have severe deafness of the left ear. In 1946 a Veterans' Administration rating board held that the deafness of the left ear was aggravated by service and service connection was granted.

In addition, service connection was granted for severe gunshot wound of the left thigh, involving partial paralysis of nerves in the left leg. In November 1957 the Board of Veterans Appeals upheld a proposal to sever service connection for defective hearing on the basis that it was not aggravated in service and that the respiratory condition and high level flying duty contributed in no way to its aggravation. Service connection had, therefore, been in effect for the hearing disability for 11 years.

Equity demands, under the circumstances in this case, that service connection be restored for the defective hearing if the benefit of doubt is resolved in the veteran's favor.

CASE NO. 4-SERVICE CONNECTION FOR CAUSE OF DEATH

The issue in this case is whether the service-connected lung and respiratory conditions, described as pulmonary tuberculosis and chronic bronchitis, caused or contributed to the cause of death from esophogeal bleeding.

The veteran served from June 1917 to January 1919. It has been held that he incurred active pulmonary tuberculosis in military service and he underwent treatment for active tuberculosis from 1925 to 1937. He subsequently developed a chronic bronchitis which was also held to be service connected and in 1947 he was noted to have extensive fibrosis of both lungs from tuberculosis.

During hospitalization in 1950, he was noted to have chest pain and coughing blood-streaked sputum. It was felt, at the time, that the bleeding was more likely due to bronchiectasis or chronic bronchitis. There were noted numerous calcified tubercular lesions throughout both lung fields. The examination revealed complications from this disease on the chest, face and nose. Beginning in 1952, he developed cirrhosis of the liver and esophogeal varices. A subsequent hospital report revealed continued coughing with blood streaking with continued hemorrhages.

He died June 1, 1958. Dr. T. C. S. testified that he had treated the veteran for the past 5 years for chronic bronchitis and an almost incessant cough with definite air hunger. There are of record several affidavits from friends and relatives who describe severe coughing spells prior to the veteran's death.

In a decision, dated April 21, 1959, despite the above evidence, the Board of Veterans Appeals held that the far advanced arrested tuberculosis, complicated by chronic bronchitis and extensive fibrosis of all lung lobes with evidence of severe coughing spells and air hunger, had nothing to do with the cause of death. The Board went further to say that the service-connected conditions, which were rated 100-percent disabling, due to inability to work, were not of sufficient severity to have had even a material influence in accelerating death. This is the case of a World War I veteran, seriously disabled during his lifetime and 100-percent disabled at the time of death, who undoubtedly died from the above-described service-connected disabilities. The decision in this case served to deny his widow death compensation.

CASE NO. 5-SERVICE CONNECTION FOR HYPERTENSION

This veteran served during World War II from August 1941 to January 1946 and again in the Korean conflict from November 1950 to August 1951.

Service connection is in effect for kidney disease and an examination in December 1952 revealed a nonfunctioning right kidney. In the beginning of January 1953, the blood pressure was found to be elevated and a diagnosis of essential hypertension was made. There is medical testimony of record to indicate that hypertension coincides with the gradual decrease in kidney function.

It is believed that it is medically sound to argue that, in this case, hypertension developed from loss of function of the right kidney and kidney disease. Medical evidence of record is in favor of this proposition and the Veterans' Administration possesses no evidence to con

trovert this argument. The Veterans' Administration regulations provide that any disability developing directly due to, and proximate result of, a service-connected disability, will be regarded as service

connected.

It would appear to be inequitable to ignore the expert medical testimony of record and accepted medical principles regarding the causes and origins of essential hypertension.

CASE NO. 6-SERVICE CONNECTION FOR DISABILITY AFTER SEVERANCE

The issue in this case is whether epilepsy is connected with military service.

This veteran served from July 7, 1943, to September 6, 1944. No defects were noted at enlistment. In July 1944, over 1 year after induction, the veteran was hospitalized following several epileptic seizures. While under physical disability, he related statements, against his own interest, that he had had his first seizure at the age of 15 years and prior to service.

Examination revealed him to be tense, anxious but with average intelligence. However, a diagnosis of epilepsy was established and he was medically surveyed from service. When this case was originally rated, service connection for epilepsy was assigned. However, in 1957, service connection was declared to be clearly and unmistakably in error and, accordingly, was severed. The veteran had been serviceconnected and drawing compensation for approximately 13 years and at the time of severance was rated for a chronic brain syndrome associated with convulsive disorder. The veteran denies, under oath, ever having had epilepsy prior to service and has submitted considerable affidavits from persons who likewise testify that he had no convulsive seizures prior to service.

There is of record a statement from his school that there is no record of any convulsions or abnormal condition during the veteran's school period. The veteran's mother and half brother have also stated, under oath, that the veteran had no epileptic seizures prior to service. Despite this evidence, the Board of Veterans' Appeals in a decision of December 4, 1957, denied restoration of service connection, placing full reliance on the statement made by the veteran following his first epileptic attack in 1944.

Little weight or credence has been given to the sworn testimony of several witnesses, including the veteran's sworn testimony and little or no attention has been credited to the fact that this veteran served well for over a year prior to the first attack and then the evidence reveals some question as to whether a head injury was incurred in service.

Fair and judicious consideration of all the facts and evidence in this case would resolve whatever doubt remains in the veteran's behalf.

CASE NO. 7--SERVICE CONNECTION FOR CAUSE OF DEATH

The issue in this case is whether the facts and evidence prove the veteran died from service-connected causes.

The veteran served continuously from December 7, 1941-Pearl Harbor Day-to November 14, 1957, and from November 19, 1957, to January 15, 1958. While still on active duty he committed suicide

by self-inflicted gunshot wounds. It has been established that prior to such suicide the veteran demonstrated many overt psychotic manifestations and other signs of deteriorating mental illness.

He was in debt financially, had been drinking alcoholic beverages to excess, and had entered into a bigamous marriage. It was the original determination of military authorities that the veteran was of sound mind and that his suicide was the result of his own misconduct. On a later determination, however, the Surgeon General of the Department of the Army, on reconsideration of the entire case, determined that the veteran was mentally unsound at the time of self-destruction and such unsoundness was not due to misconduct. The Surgeon General further stated in such opinion:

In the absence of convincing evidence to the contrary it is assumed in the case of Sergeant D. that his behavior during the last few months of his life; namely: Bigamous marriage to a prostitute, indiscriminate handling of finances, and continuous drinking were in retrospect the detectable signs of a mental illness which rendered him of unsound mind and led him to suicide.

The Secretary of the Army concurred in this decision stating fatal wound was self-inflicted while mentally unsound. The Board of Veterans' Appeals in an original decision in December 1958, and on reconsideration in January 1960, held that, despite the determination by the Surgeon General of the Department of the Army, the facts in this case do not support the conclusion reached by the Surgeon General. The Veterans' Administration holds, in effect, that the determination by the Surgeon General admits to nothing more than speculation and that the death is attributable to willful misconduct and therefore denies death compensation to the widow.

In the consideration of this case great weight must be attached to the determination of the Surgeon General and the policy of the Veterans' Administration is such that all reasonable doubt should be resolved in the claimant's favor.

CASE NO. 8-INCREASED COMPENSATION RATING

The issue in this case is whether an increased compensation rating is in order in accordance not only with the facts in the case but with the applicable schedule for rating disabilities.

This veteran served from November 14, 1939, to September 27, 1945, and, as a result of such service, incurred a psychiatric disability diagnosed as anxiety state. This veteran was examined in September 1958 which included information that he had been unemployed since the latter part of 1956.

History reveals that he had been hospitalized in two different hospitals in 1958 for anxiety reaction. He demonstrated many complaints and other symptoms of tremors and sweating with hyperactive reflexes. The psychiatric examiner stated the man to be much worse than when examined in 1952 and that he has now reached a point where he is not able to work and his handicap is severe. The examiner diagnosed severe chronic anxiety reaction with no industrial adaptation and with the recommendation that he be treated in a mental hygiene clinic.

On the basis of this examination, the veteran's claim came before the rating board and a majority of the members of the board assigned a rating of 50 percent under the schedule. One member dissented and

the dissent was concurred in by the assistant adjudication officer and the case came before the Appeal Board on this basis.

Despite the findings of severe disability, unemployment and industrial inadaptation, the Board of Veterans Appeals, in a decision of February 9, 1959, concurred with the minority dissent and assigned a rating of 30 percent. In this case, the Appeals Board gave little or no weight to the fact that a majority of the Board favored the higher 50 percent rating and apparently gave little or no weight to the above facts and history.

The evidence in this case most surely reveals the veteran to be severely disabled from the psychiatric condition and in determining the proper rating of compensation, the veteran should have recourse to court review.

CASE NO. 9-SERVICE CONNECTIONS FOR CAUSE OF DEATH

The issue in this case is whether the veteran died of serviceconnected causes.

He served from September 1942 to October 1943 and was discharged from service because of epilepsy with convulsive seizures. Prior to his death he was rated 100 percent disabled because of chronic brain syndrome with convulsive disorder and psychiatric reaction. The evidence reveals that on September 14, 1957, he was found alongside a railroad track, having been struck by a moving train sustaining a fracture of the skull and left mandible.

The coroner report states that the deceased had been drinking heavily before his death, although no laboratory tests were taken and no autopsy was made. In the original rating the majority members of the rating board held that the veteran suffered an accidental death by reason of being placed in a position of jeopardy due to the service-connected disability.

The minority-occupational-member dissented by holding that "to say the veteran was in a convulsive seizure at the time of death was only conjecture." In a merged appeal decision, dated August 15, 1958, the Board of Veterans Appeals gave little weight or credence to the majority decision and held that the 100 percent disabling neuropsychiatric disease with convulsive seizures did not contribute materially or substantially to the cause of death and stated further, in effect, that to resolve such doubt in the veteran's favor would be entering the realm of speculation and conjecture. Based on this decision the veteran's widow and minor children have been denied death compensation.

CASE NO. 10-SERVICE CONNECTION FOR HEART DISEASE

The question at issue in this case is whether hypertensive and arteriosclerotic heart disease is connected with military service.

This veteran served from July 3, 1943, to October 13, 1945, in the U.S. Navy which involved considerable oversea duty. At induction in the service he was normal in all respects. In 1943 and 1944 he was hospitalized for muscle pains and sore throat which was diagnosed as catarrhal fever and chronic tonsillitis.

In February 1945 he was admitted to the hospital for chest pains, cardiac distress and EKG indicated abnormal readings. The veteran