· 4/6/2010
Waters v. Shinseki
Citations
- 601 F.3d 1274
- 2010 U.S. App. LEXIS 7124
- 2010 WL 1302954
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that conclusory lay assertion of nexus is insufficient to entitle claimant to provision of VA medical examination
- holding that a veteran’s mere conclusory generalized lay statement that a service event or illness caused the claimant’s current condition is insufficient to require the Secretary to provide a VA examination
- holding that a veteran’s mere conclusory generalized lay statement that a service event or illness caused the claimant’s current condition is insufficient to require the Secretary to provide a VA examination
- concluding that a veteran's lay belief that his schizophrenia aggravated his diabetes and hypertension was not of sufficient weight to trigger the Secretary's duty to seek a medical opinion on the issue
- holding that, because the claimant had not shown any factual basis for his claim, \any possible error by the Board in using the wrong standard under [the nexus element of the McLendon test] could not have prejudiced [the claimant]\
- explaining that something more than an appellant's conclusory, generalized statement is needed to trigger VA's duty to assist by providing a medical nexus examination
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Friedman, Dyk
Read full opinion on CourtListenerSourced 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.