Skip to main content
· 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 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.