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· 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 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.