· 7/22/2009
Fagan v. Shinseki
Citations
- 573 F.3d 1282
- 2009 U.S. App. LEXIS 16061
- 2009 WL 2169203
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it is the claimant's general evidentiary burden to establish all elements of the claim
- holding that it is the claimant's general evidentiary burden to establish all elements of the claim
- holding that the Veterans Court did not err by disregarding an inconclusive, nonprobative medical opinion because it was “not pertinent evidence, one way or the other” to service connection
- holding that the Court did not err as a matter of law when it treated as \non-evidence\ an examiner's statement that recites the inability to come to an opinion
- holding that the Court did not err as a matter of law when it treated as \non-evidence\ an examiner's statement that recites the inability to come to an opinion
- noting that the benefit of the doubt standard in section 5107(b) is not applicable based on pure speculation or remote possibility
Source: CourtListener parenthetical corpus (CC0).
Judges: Michel, Chief Judge, Schall and Linn, Circuit Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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