Burleyson

United States v. Burleyson

Good Law
64 F.2d 868·1933 U.S. App. LEXIS 4240
United States Court of Appeals for the Ninth CircuitApril 24, 1933No. 7023California2,937 words

Opinion

Lead Opinion

Wilbur, J.

Appellant enlisted in the United States Marine Corps in 1918. He was discharged July 10, 1919, as a result of a medical survey because of physical disability. At the time of his discharge he was suffering from flat feet, which incapacitated him for service in the Marine Corps. He continued to pay the premium on his war risk insurance and it was in effect until March 1, 1920. The jury was justified in finding, upon conflicting evi-denee, that at the time of his trial be was suffering from an incurable, progressive dis ease known as “thrombo angiitis obliterans,” also known as “Buerger’s disease,” which rendered him totally and permanently disabled. The question is whether there was substantial evidence that this disease antedated, the expiration of his war risk insur-anee, and if so, whether, notwithstanding the fact that he did work for considerable periods of time thereafter for a substantial nevertheless he was totally and perma-nentl disaMed because q£ feet ^ sueb labor impaired 01, tended to jmpair ¿is health. Tbg veteran testiaed tbat wMe he did work ^ & substantialiy gainful employment for considerable periods after his policy of war risk insurance lapsed, that he suffered…

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