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· 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).

Read full opinion on CourtListener

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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.