· 10/16/2007
Dye v. Mansfield
Citations
- 504 F.3d 1289
- 2007 U.S. App. LEXIS 24190
- 2007 WL 2990931
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the presumption of soundness cannot fill the gap where the veteran failed to show a causal relationship between his in- service and post-service medical problems
- affirming this Court's finding that the presumption of soundness does not eliminate the need to demonstrate a causal connection between a veteran's current condition and his in-service injury
- “The Veterans Court correctly held that, in these cir- cumstances, the two presumptions Dye invoked were irrel- evant, and the Board therefore properly declined to discuss them.”
- presumption of soundness involves question of preexistence of “medical problems that arose during service”
- presumption of soundness involves question of preexistence of \medical problems that arose during service\
- “The ‘pre- sumption of sound condition’ addresses the situation where a question arises whether a veteran’s medical problems that arose during service existed before he joined the armed forces and, therefore, were not incurred ‘in line of duty.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Circuit Judge, Friedman, Senior Circuit Judge, and Rader, Circuit Judge
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.