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· 2/15/2017

State v. Brockway

Citations

  • 283 Or. App. 726
  • 391 P.3d 980
  • 2017 WL 604029
  • 2017 Ore. App. LEXIS 186

How courts have described this case

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

  • concluding that credible supporting evidence of in-service stressor cannot consist solely of medical statement of VA examining psychiatrist that related veteran’s PTSD to events experienced in service and that expressly found veteran’s recitation of facts to be credible
  • noting that opinion by mental health professional based on postservice examination of veteran cannot be used to establish occurrence of stressor
  • indicating that the Court’s caselaw allows a physician’s opinion of causal nexus, in certain circumstances, to establish in-service incurrence of a disease or injury, while rejecting such use in PTSD cases
  • indicating that the Court's caselaw allows a physician's opinion of causal nexus, in certain circumstances, to establish in-service incurrence of a disease or injury, while rejecting such use in PTSD cases
  • applying Manual M21-1 revision as to nature of acceptable evidence as to noncombat stressor

Source: CourtListener parenthetical corpus (CC0).

Judges: Egan, Lagesen, Ortega

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.