Dennis M. Chinnock v. Thomas K. Turnage, Administrator, Veterans' Administration

Dennis Chinnock is a veteran who applied for disability benefits for disabilities resulting from a brain tumor that he contends was caused by radiation exposure while he was serving in the United States Air Force. The Air Force and, subsequently, the Board of Veterans’ Appeals denied his application for benefits. • The radiation exposure which Chinnock asserts caused the tumor occurred while he was working on a top secret project. Chinnock challenged the Veterans Administration’s (“VA”) denial of his application in district court, contending that he was deprived of due process because he was not given a hearing before persons authorized to receive top secret information, and he was therefore unable to present fully the nature and circumstances of his radiation exposure. The district court granted the Government’s motion for summary judgment, reasoning that the procedures through which Chin-nock’s claim was considered were fair, and that a 'secure hearing at which Chinnock could present classified information would serve no useful purpose because he was ineligible for benefits under applicable regulations regardless of the nature of the exposure. The court concluded that the VA had…