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Veterans Claims· 7/5/2016

Correia v. McDonald

Citations

  • 28 Vet. App. 158
  • 2016 U.S. Vet. App. LEXIS 1015
  • 2016 WL 3591858

How courts have described this case

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

  • holding that § 4.59 requires that the listed range of motion testing be conducted to the extent practicable in all cases involving joint disabilities
  • holding that additional requirements must be met prior to finding that a VA examination is adequate
  • holding that 38 C.F.R. § 4.59 is ambiguous because its language is susceptible to more than one meaning
  • holding that the final sentence of 38 C.F.R. § 4.59 (2015) requires that VA examinations include joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint
  • examining the placement of 38 C.F.R. § 4.59 within the regulatory scheme to determine its meaning
  • examining the placement of 38 C.F.R. § 4.59 within the regulatory scheme to determine its meaning

Source: CourtListener parenthetical corpus (CC0).

Judges: Hagel, Pietsch, Schoelen

Read full opinion on CourtListener

Cited by

6 cases in this archive cite this case.

Cites

41 cases in this archive are cited by this case; the 20 most cited are listed.

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.