United States Federal Circuit
Vazquez-Flores v. Shinseki, 08-7150
Court of Appeals for Veterans Claims' judgment is vacated and remanded where, insofar as the notice described by the Veterans Court requires the VA to notify a veteran of alternative diagnostic codes or potential daily life evidence, the judgment is vacated. The notice described in 38 U.S.C. section 5103(a) need not be veteran specific under Wilson and Paralyzed Veterans. Similarly, while a veteran's daily life evidence might in some cases lead to evidence of impairment in earning capacity, the statutory scheme does not require such evidence for proper claim adjudication.
Appellate Information
- Decided 09/04/2009
- Published 09/04/2009
Judges
Court
- United States Federal Circuit