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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

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