Federal Circuit· 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 CourtListenerCited by
7 cases in this archive cite this case.
- Robert Fountain v. Robert A. McDonaldVeterans Claims· 2015-02-09· cited 101×
- Colantonio v. SHINSEKIFederal Circuit· 2010-06-01· cited 35×
- Euzebio v. McDonoughFederal Circuit· 2021-03-03· cited 33×
- Martin v. McDonaldFederal Circuit· 2014-08-05· cited 9×
- Robert M. Euzebio v. Robert L. WilkieVeterans Claims· 2019-08-22
- Paul G. Wait v. Robert L. WilkieVeterans Claims· 2020-08-26
- Eric D. Bilharz and Anthony J. Pinto, Jr. v. Douglas A. CollinsVeterans Claims· 2025-08-14
Cites
7 cases in this archive are cited by this case.
- Shinseki, Secretary of Veterans Affairs v. SandersSupreme Court· 2009-04-21· cited 2,961×
- Russello v. United StatesSupreme Court· 1983-11-01· cited 2,703×
- Jandreau v. NicholsonFederal Circuit· 2007-07-03· cited 1,261×
- Espiritu v. DerwinskiVeterans Claims· 1992-06-19· cited 224×
- Grottveit v. BrownVeterans Claims· 1993-05-05· cited 193×
- James E. Szemraj, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsFederal Circuit· 2004-02-05· cited 133×
- Willsey v. PeakeFederal Circuit· 2008-08-11· cited 35×
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.