United States Federal Circuit

A decision denying claimant service connection for residuals of a right-shoulder dislocation is remanded for further proceedings where: 1) although a claim that the destruction of records while in the government's custody should result in a relaxed evidentiary standard for veterans is rejected; nevertheless 2) the U.S. Court of Appeals for Veterans Claims improperly held that lay evidence cannot be used to establish a medical diagnosis.

Appellate Information

• Decided 07/03/2007
• Published 07/03/2007

Judges

• DYK, Circuit Judge., Before MICHEL, Chief Judge, and BRYSON and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ronald L. Smith, Disabled American Veterans, of Washington, DC, argued for claimant-appellant.   With him on brief was Zachary M. Stolz.


• For Appellees:
  
• Leslie Cayer Ohta, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  Jeanne E. Davidson, Director;  and Mark A. Melnick, Assistant Director.   Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel;  and Y. Ken Lee, Attorney, United States Department of Veterans Affairs, of Washington, DC.