Skip to main content
· 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 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.