· 1/6/2011
Frank E. Buczynski v. Eric K. Shinseki
Citations
- 24 Vet. App. 221
- 2011 U.S. Vet. App. LEXIS 29
- 2011 WL 37846
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the absence of evidence does not automatically constitute substantive negative evidence
- noting that regulatory interpretation focuses on the regulatory text as well as the overall structure of the regulatory provisions
- holding a lack of notation where it would be expected, to include during treatment or examination, is noteworthy
- explaining that including limitations in one DC but not in a related DC indicates that their omission was intentional
- explaining that including a limitation in one diagnostic code but not in a related DC indicates that the omission was intentional
- explaining that the Secretary's omission from a DC of a limitation included in other DCs was an important factor in determining the plain meaning of the DC
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Lance, Moorman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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