This section contains the nature of the case and procedural background.

Marbury (P) suffered from severe abdominal pain for which he was hospitalized in July of 1983 for two days. In January 1985, he was hospitalized again for severe abdominal pain and the diagnosis was for a peptic ulcer. In November 1985, he was hospitalized for progressive recurrent seizures. Diagnosis revealed a lesion suggesting a chronic ulcer. P testified that the ulcer had become worse over the last three or four years and that he had constant pain in his stomach when bending. After the hearing, P was hospitalized at the VA hospital for abdominal pain, nausea, and vomiting with diagnosis of acute pancreatitis and peptic ulcer disease with a large gastric ulcer. The admin law judge denied benefits, the appeal council affirmed as well as did the magistrate judge and district court.

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