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Veterans Claims· 9/17/1991

Caldwell v. Derwinski

Citations

  • 1 Vet. App. 466
  • 1991 U.S. Vet. App. LEXIS 95
  • 1991 WL 184360

How courts have described this case

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

  • “the BVA cannot substitute its own unsubstantiated medical conclusions for that of the medical evidence of record”
  • competent lay evidence concerning manifestations of disease may form the basis for an award of service connection where a claimant develops a chronic disease within a presumptive period but has no in-service diagnosis of such disease
  • section 1112 “contemplate^] a situation in which a veteran who develops a chronic disease within the presumpti[on] period, but does not have a diagnosis of the illness in his service records, may be granted entitlement to service connection for compensation purposes”
  • reversing clearly erroneous BVA decision

Source: CourtListener parenthetical corpus (CC0).

Judges: Farley, Holdaway, Steinberg

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

7 cases in this archive are cited by this case.

Other cases named Caldwell v. Derwinski

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.