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Veterans Claims· 5/15/2007

Dwayne A. Moore v. R. James Nicholson

Citations

  • 21 Vet. App. 211
  • 2007 U.S. Vet. App. LEXIS 697
  • 2007 WL 1412293

How courts have described this case

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

  • concluding that the essential fairness of the adjudication was not affected by VA’s failure to obtain service medical records
  • holding that it is the job of a rating examiner to interpret medical reports of record and determine “[h]ow [the appellant’s] disabilities translate into a potentially compensable disability”
  • holding that it is the job of a rating examiner to interpret medical reports of record and determine \[h]ow [the appellant's] disabilities translate into a potentially compensable disability\
  • noting that it is the duty of VA adjudicators, not medical examiners, to apply the appropriate legal standard
  • “Rating specialists determine, through the rating schedule, the effect of a disability on a claimant’s ability to earn a living.”
  • discussing 38 C.F.R. § 4.2 and stating that \[t]he medical examiner provides a disability evaluation and the rating specialist interprets medical reports in order to match the rating with the disability\

Source: CourtListener parenthetical corpus (CC0).

Judges: Kasold, Lance, Davis

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

27 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.