United States Federal Circuit
Gardin v. Shinseki, 09-7120
United States Court of Appeals for Veterans Claims' (Veterans Court) affirmance of the Board of Veterans Appeals' denial of a veteran's claim for disability compensation for diabetes, because the disease was not service-connected, is vacated and remanded where: 1) the Veterans Court committed legal error by discounting petitioner's doctor's opinion merely because there was no evidence that he reviewed petitioner's medical service record; and 2) the Veterans Court did not commit legal error when it affirmed the Board's determination that petitioner's lay evidence was not credible.
Appellate Information
- Decided 07/16/2010
- Published 07/16/2010
Judges
Court
- United States Federal Circuit
Counsel
- For Appellant:
- Janet A. Pioli, Tara K. Hogan