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(영문) 서울행정법원 2016.03.25 2015구단4924
고엽제후유(의)증환자등급판정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 6, 1964, the Plaintiff entered the Navy and was discharged from military service on March 14, 1966 and on April 17, 1967.

B. On September 30, 2008, the Plaintiff filed an application for registration of a patient suffering from defoliants with the Defendant, and registered and determined as a patient suffering from potential aftereffects of defoliants and cerebrovascular diseases on November 2008. Around that time, the Plaintiff was determined as having failed to meet the disability grade standard in a physical examination for disability classification conducted around that time. However, with respect to cerebrscular, the Plaintiff was determined as having disabilities.

C. In line with the amendment of the Act on Assistance to Patients from Actual and Potential Diseases, Etc., (amended by Act No. 11203, Jan. 17, 2012); (a) as a result of the exclusion from the scope of potential aftereffects of defoliants, the toxic blood heart disease was included in actual aftereffects of defoliants; and accordingly, the Plaintiff was subject to a physical examination on April 18, 2012 for the classification of disability ratings for the toxic blood heart disease; and (b) was determined below the relevant classification criteria.

On February 12, 2014, the Plaintiff filed a re-verification physical examination with the Defendant on March 17, 2014, and conducted a re-verification physical examination with respect to Hudne heart diseases that are actual aftereffects of defoliants at the Central Veterans Hospital on March 17, 2014, but medical opinions were presented that the level level is below the standards according to the opinion of "Mechere crym crym crym crym chron

Upon deliberation on July 9, 2014, the Board of Patriots and Veterans Entitlement decided that the Plaintiff’s actual aftereffects of defoliants should not be subject to a disability rating. On July 21, 2014, the Defendant informed the Plaintiff of the results of the physical examination (hereinafter “instant disposition”).

E. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on July 30, 2014, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on February 24, 2015.

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