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Rizzo v. Shinseki, No., 09-7026

By FindLaw Staff on September 08, 2009 | Last updated on March 21, 2019

The United States Court of Appeals for Veterans Claims judgment affirming the decision of the Board of Veterans' Appeals (Board) denying petitioner's service-connection for an eye disability is affirmed as absent some challenge to the expertise of a Department of Veterans Affairs (VA)expert, there are no statutory or other requirement that VA must present some affirmative evidence of a physician's qualifications in every case as a precondition for the Board's reliance upon that physician's opinion.    

Read Rizzo v. Shinseki, No., 09-7026

Appellate Information

Appeal from:  United States Court of Appeals for Veterans Claims
Decided September 8, 2009


Before Michel, Chief Judge, Lourie and Rader, CIrcuit Judges. 
Opinion by Rader, Circuit Judge.   


For Appellant:  Douglas J. Rosinski, Ogletree, Deakins, Nash, Smoak & Stewart PC

For Appellee: Allison Kidd-Miller, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice.

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