James A. Bardwell v. Eric K. Shinseki

How courts have described this case

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

• holding that where the evidence has failed to establish an in-service injury, disease, or event, VA is not obligated to provide a medical examination
• holding that a layperson's assertions indicating exposure to gases or chemicals during service are not sufficient evidence to establish that such an event occurred during service
• lay statements asserting exposure to herbicide agents corroborated by other evidence of record are sufficient to establish actual exposure
• The determination as to whether there was an event, injury, or disease in service is a finding of fact for the Board.
• For non-combat Veterans providing non-medical related lay testimony regarding an event during service, Buchanan is distinguishable; the lack of documentation is service records must be weighed against the Veteran's statements.

Source: CourtListener parenthetical corpus (CC0).