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· 10/19/1908

Chandler v. Mott-Smith

Citations

  • 19 Haw. 225
  • 1908 Haw. LEXIS 39

How courts have described this case

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

  • holding that VA's duty to assist is \particularly great in light of the unavailability of the veteran's exit examination and full Army medical records\
  • holding that VA’s duty to assist is “particularly great in light of the unavailability of the veteran’s exit examination and full Army medical records”
  • holding that the heightened duty to assist a Veteran in developing facts pertaining to his claim in a case in which service treatment records are presumed destroyed includes the obligation to search for alternative medical records
  • holding that this heightened duty also includes the obligation to search for alternative records, such as by having the Veteran complete and return VA Form 13055 allowing for the search for evidence from the National Archives and Records Administration (NARA
  • holding where Secretary breached the duty to assist veteran in ensuring examination report was as complete and thorough as possible, remand was required to enable the Board to assist claimant in developing the facts of his case
  • stating that VA’s duty to assist is particularly great when medical records are unavailable

Source: CourtListener parenthetical corpus (CC0).

Judges: Ballou, Hartwell, Wilder

Read full opinion on CourtListener

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.