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· 6/14/2017

Smith v. Premo

Citations

  • 286 Or. App. 301
  • 395 P.3d 959
  • 2017 WL 2569848
  • 2017 Ore. App. LEXIS 787

How courts have described this case

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

  • recognizing that NOD is valid if it expresses \disagreement with an RO's . . . failure to adjudicate [a] claim\ raised to RO
  • holding that a Thurber error was not implicated where it was the regional office, not the Board, that failed to inform the claimant that he could respond to a VA medical opinion or submit evidence rebutting that opinion
  • holding that a Thurber error was not implicated where it was the regional office, not the Board, that failed to inform the claimant that he could respond to a VA medical opinion or submit evidence rebutting that opinion
  • holding that actual knowledge by the veteran cures defect in notice
  • discussing, but ultimately dismissing for lack of jurisdiction, a claim for secondary service connection for a gastrointestinal disorder caused by pain medication taken for a service-connected shoulder disability
  • recog nizing that NOD is valid if it expresses “disagreement with an RO’s ... failure to adjudicate [a] claim” raised to RO

Source: CourtListener parenthetical corpus (CC0).

Judges: Devore, Duncan, Garrett

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.