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· 2/16/2007

Jerry G. Dalton v. R. James Nicholson

Citations

  • 21 Vet. App. 23
  • 2007 U.S. Vet. App. LEXIS 182
  • 2007 WL 490909

How courts have described this case

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

  • holding that an examination must consider lay evidence of in-service incurrence or continuity of symptomatology since service
  • holding that an award of TDIU based on an already service-connected disability amounts to an award of increased compensation within the meaning of section 5110(b)(2)
  • holding that a medical opinion was inadequate where medical examiner impermissibly ignored the Veteran's lay assertions that he had sustained a back injury during service
  • holding that a VA opinion was inadequate where the examiner did not comment on the Veteran's report of in-service injury
  • holding that a TDIU matter based on a condition that has already been service connected is an increased rating claim for the purpose of the application of 38 U.S.C. § 5110(b)(2)
  • holding that pursuant to 38 U.S.C. § 1154(b), lay statements may be sufficient to establish the in-service incurrence of an injury or disease for combat veterans

Source: CourtListener parenthetical corpus (CC0).

Judges: Moorman, Lance, Schoelen

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.