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Veterans Claims· 4/24/1992

Murincsak v. Derwinski

Citations

  • 2 Vet. App. 363
  • 1992 U.S. Vet. App. LEXIS 102
  • 1992 WL 85114

How courts have described this case

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

  • holding that the duty to assist requires obtaining SSA records of which the Board has notice
  • recognizing that Secretary’s duty to assist includes obtaining and reviewing an SSA decision and all such SSA records and giving them appropriate consideration and weight
  • stating that an SSA decision that the veteran is unemployable is relevant to his claim of entitlement to a total disability rating based on unemployability
  • concluding VA has a duty to obtain SSA records when it has actual notice that the veteran was receiving SSA benefits
  • holding VA failed in its duty to assist by not acquiring pertinent SSA records where veteran had filed well-grounded claim and VA had actual notice that veteran was receiving SSA disability benefits
  • providing that where VA has actual notice of the existence of records held by SSA which appear relevant to a pending claim, VA has a duty to assist by requesting those records from SSA

Source: CourtListener parenthetical corpus (CC0).

Judges: Kramer, Mankin, Steinberg

Read full opinion on CourtListener

Cited by

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

Cites

16 cases in this archive are cited by this case.

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.