206 Alhambra Road
Oak Ridge, TN 37830
May 6, 1999

Department of Veterans Affairs
Regional Office
110 9th Avenue South
Nashville, TN 37203

Reference:
320/XXX

In the Supreme Court decision (see Jesse Brown v. Fred P. Gardner) the high court ruled that just as Service-Connection is presumed by Section 1110 of Title 38 USC so too is fault. Therefor Section 5307 of Title 38 USC is contrary to both Section 1110 and this Supreme Court ruling. It is an invalid law that the Department of Veterans is denied the use thereof.

Because the Supreme Court ruled that a Veteran’s disabilities are presumed Service-Connected by Section 1110 of Title 38 USC any other law or Department Regulation that is contrary to this decision and this Law in not a valid law or Regulation. Because 5307 is contrary to both 1110 and the Gardner decision the Department is denied the ability to defer to it as a reason for the denial of a Veterans Claim for Disability Compensation for a Service-Connected Disability and/or condition. Under this Supreme Court ruling 5307 is immaterial to the claim for Service-Connection as presented by this Veteran.

Because the Supreme Court ruled that a Veteran’s disabilities are presumed Service-Connected under the law the only grounds the Department may possibly use in denying a Veterans claim is that the disability is due to the Veteran’s own willful misconduct. That a Veteran’s disabilities occurred after release from military service. Or that, a Veteran’s preexisting condition was not aggravated by his or her military service. Everything else is presumed to be Service-Connected. Therefor 5307 is not a valid reason for denying this Veterans Claim for a Service-Connected rating for his combat disabilities and conditions.