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Veterans Claims· 11/8/1990

Murphy v. Derwinski

Citations

  • 1 Vet. App. 78
  • 1990 U.S. Vet. App. LEXIS 24
  • 1990 WL 303142

How courts have described this case

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

  • holding that in fulfilling the requirement that a BVA decision provide “reasons or bases” for its conclusion, the BVA may “include relevant portions of medical treatises and journals”
  • holding that “BVA decisions must include the ‘reasons or bases’ for medical conclusions, even those opined by a BVA physician but not finding that the appellant must be provided notice and an opportunity to rebut such an opinion prior to the Board’s decision.
  • applying a “common sense construction” to the definition of a well-grounded claim
  • requiring the BVA to provide reasons or bases for its medical determinations
  • well-grounded claim is a “plausible claim, one which is meritorious on its own or capable of substantiation”
  • well-grounded claim is “a plausible claim, one which is meritorious on its own or capable of substantiation”

Source: CourtListener parenthetical corpus (CC0).

Judges: Farley, Holdaway, Kramer

Read full opinion on CourtListener

Cited by

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

Cites

1 case in this archive is cited by this case.

Other cases named Murphy v. Derwinski

1 other CourtListener record shares this case name.

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.