· 8/30/1996
Toma v. Kyo-Ya Co.
Citations
- 82 Haw. 360
- 922 P.2d 973
- 1996 Haw. LEXIS 88
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that lay assertions of medical causation cannot serve as the predicate to reopen a claim
- holding that veteran's lay statements were not competent as to \medical matters\
- lay evidence that is insufficient to well ground a claim under 38 U.S.C. § 5107(a) is insufficient to reopen a claim
- new and material evidence, to have reasonable possibility of outcome change, must contain medical evidence of causation where lay evidence will not suffice
- medical-nexus evidence of relationship between present disability and service is generally required for purposes of well grounding a claim and reopening a previously disallowed claim
- in order to reopen claim for service connection where the issue is whether disability was incurred or aggravated by service, expert medical evidence is required
Source: CourtListener parenthetical corpus (CC0).
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.