Brown v. Gardner (1994)
- Docket
- 93-1128
- Decided
- 1994-01-01
Summary
Question: Is Department of Veterans Affairs regulation 38 CFR 3.358 (c)(3), which restricts disability compensation to injuries caused by accidents or negligence during surgery, consistent with the controlling statute, 38 U.S.C. 1151? Conclusion: No. In a unanimous decision authored by Justice David Souter, the Court affirmed the lower court's decision and ruled for Gardner. The Court held that Section 1151 contains no language requiring proof of fault, and it rejected the Government's claims that the requirement was implicit in the language of the statute. The Court acknowledged the 60-year longevity of the regulation and the post-1934 legislative silence on the issue, but neither concern could overcome the plain language of Section 1151.