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· 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 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.