· 4/24/2007
Stanley J. Palczewski v. R. James Nicholson
Citations
- 21 Vet. App. 174
- 2007 U.S. Vet. App. LEXIS 599
- 2007 WL 1200136
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that where claimant has not alleged a worsening of a service-connected disability, there exists no duty under 38 U.S.C.A. § 5103A for the Secretary to provide a medical examination
- stating that the mere passage of time not a basis for requiring of new examination
- stating that the mere passage of time not a basis for requiring of new examination
- observing that in reviewing a regulation that defines when hearing loss may be a disability, the Court must review the regulation with \substantial deference\ to the Secretary's interpretation
- affirming denial of service connection for hearing loss while remanding for readjudication with regard to tinnitus
- finding that the Board in 2004 did not err in finding a 1999 examination sufficiently contemporaneous to inform its decision because the appellant had not submitted any additional evidence showing a change in his condition, nor had he alleged that his condition had worsened
Source: CourtListener parenthetical corpus (CC0).
Judges: Kasold, Hagel, Moorman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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