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United States Federal Circuit


Hogan v. Peake, 2007-7177

Denial of a veteran's claim for service connection for generalized anxiety disorder is affirmed where the Veterans Court did not adopt a rule that a medical opinion lacks credibility if it does not state definitively or with "absolute medical certainty" when a particular disorder or condition began. (Corrected opinion)

Appellate Information

  • Decided 10/09/2008
  • Published 10/31/2008

Judges

  • MAYER, Circuit Judge., Before MAYER, LINN, and PROST, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Janet R. Carter, Wilmer Cutler Pickering Hale and Dorr LLP, of New York, NY, argued for claimant-appellant.   With her on the brief was Mark R. Lippman, The Veterans Law Group, of La Jolla, CA.

  • For Appellees:
  • Devin A. Wolak, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee.   With him on the brief were Gregory G. Katsas, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Martin F. Hockey, Jr., Assistant Director.   Of counsel were David J. Barrans, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC.
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