Veterans Claims· 7/22/1991

Moore v. Derwinski

Citations

1 Vet. App. 401
1991 U.S. Vet. App. LEXIS 69
1991 WL 149870

How courts have described this case

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

holding that VA's duty to assist is \particularly great in light of the unavailability of the veteran's exit examination and full Army medical records\
holding that VA’s duty to assist is “particularly great in light of the unavailability of the veteran’s exit examination and full Army medical records”
holding that the heightened duty to assist a Veteran in developing facts pertaining to his claim in a case in which service treatment records are presumed destroyed includes the obligation to search for alternative medical records
holding that this heightened duty also includes the obligation to search for alternative records, such as by having the Veteran complete and return VA Form 13055 allowing for the search for evidence from the National Archives and Records Administration (NARA
holding where Secretary breached the duty to assist veteran in ensuring examination report was as complete and thorough as possible, remand was required to enable the Board to assist claimant in developing the facts of his case
stating that VA’s duty to assist is particularly great when medical records are unavailable

Source: CourtListener parenthetical corpus (CC0).

Judges: Farley, Holdaway, Steinberg

Read full opinion on CourtListener

Cited by

69 cases in this archive cite this case; the 20 most cited are listed.

Cites

12 cases in this archive are cited by this case.

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