Alan J. Vogan v. Eric K. Shinseki

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, “in assessing the prejudicial effect of any error of law or fact, the Court is not confined to the findings of the Board but may examine the entire record before the Agency, which includes the record of proceedings”
• finding that this Court is permitted to look beyond the Board's decision to review the record of proceedings when identifying prejudicial error
• the Court in Simmons noting lack of or defective notice, lack of an opportunity for a hearing, and partiality or dishonesty of a decisionmaker as factors violating fairness in other cases
• when a condition is not listed in the VA disability schedule, VA may undertake rating by analogy where the disability in question is analogous in terms of the functions affected, the anatomical localization, and the symptomatologies of the ailments
• when a condition is not listed in the VA disability schedule, VA may undertake rating by analogy where the disability in question is analogous in terms of the functions affected, the anatomical localization, and the symptomatologies of the ailments
• when a condition is not listed in the VA disability schedule, VA may undertake rating by analogy where the disability in question is analogous in terms of the functions affected, the anatomical localization, and the symptomatologies of the ailments

Source: CourtListener parenthetical corpus (CC0).