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· 8/13/2010

Gerard Cullen v. Eric K. Shinseki

Citations

  • 24 Vet. App. 74
  • 2010 WL 3191774

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that service connection of a disability and degree of disability are separate elements of disability benefits
  • holding that within a particular DC, a claimant is not entitled to more than one disability rating for a single disability unless the regulation expressly provides otherwise
  • describing DeLuca’s holding as “requir[ing] that the disabling effect of painful motion be considered when rating joint disabilities”
  • Court rejected argument that one disability manifesting in multiple symptoms could receive two separate ratings within a particular diagnostic code
  • within a particular diagnostic code, a claimant is not entitled to more than one disability rating for a single disability unless the regulation expressly provides otherwise
  • within a particular diagnostic code, a claimant is not entitled to more than one disability rating for a single disability unless the regulation expressly provides otherwise

Source: CourtListener parenthetical corpus (CC0).

Judges: Hagel, Moorman, Davis

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.