· 9/14/2009
Davidson v. SHINSEKI
Citations
- 581 F.3d 1313
- 2009 U.S. App. LEXIS 20381
- 2009 WL 2914339
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a veteran’s wife was competent to testify that her husband had committed suicide as a result of a mental disorder related to service
- indicating that X-ray studies and other specific findings is needed to properly assess and diagnose the disorder
- finding that 38 U.S.C.A. § 1154(b) does not require controlling weight be given to testimony as to the cause of a combat veteran's death
- stating that “§ 1154(b) concerns only whether a disease was incurred or aggravated in service-not whether the disease was the principal or a contributory cause of death”
- clarifying that medical evidence is not always or categorically required in every instance to establish the required nexus or linkage between the claimed disability and service or a service-connected disability
- noting that lay evidence is not incompetent merely for lack of contemporaneous medical evidence
Source: CourtListener parenthetical corpus (CC0).
Judges: Linn, Dyk, Prost
Read full opinion on CourtListenerSourced 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.