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· 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 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.