James E. Savage 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.

• noting that private medical record had to be weighed against other evidence in record
• declining the Secretary's invitation for the Court to presume the outcome would have been the same even if the Board had considered evidence that it overlooked
• requiring clarification of private examination results when the information is necessary to decide the claim and is unclear or unsuitable for rating purposes, or an explanation as to why clarification is not needed
• clarification from a private medical examiner must be sought when an examination report is unclear or insufficient and the missing information is relevant, factual, and objective
• VA has a duty to return for clarification unclear or insufficient examination reports even when they do not originate from VA medical personnel, particularly with regards to private audiological examinations

Source: CourtListener parenthetical corpus (CC0).